CASE: R (Alconbury Developments Ltd) [2001]

System of development plans allowing environmental protection to be considered in policy making.
Policy guidance issued from central gov't provides road map of convention and practice in the country.
Planning system - provides power to control activities by imposing various conditions for a grant of planning permission.
Held - disputes of planning matters such as compulsory purchase orders and the determination of planning conditions did involve rights protected by the Convention

Analysis:

H of L reviewed many cases determined under ECHR involving decisions by ministers and their accountability to Parliament.
Article 6 - court does not have full jurisdiction over every aspect of these ministers' powers.
Lord Hoffmann - Jurisdiction related to a full jurisdiction to deal with the case as the nature of the decision requires. Neither appropriate nor required that court should consider all aspects of planning law - sufficient there was a review of the decision's legality and of the relevant procedures followed.
The extent to which judicial review had been expanded over recent years was sufficient to provide the necessary protection for the individual.
Case illustrates the self-limitations placed on interpreting Convention rights by the courts.

	Criado por um usuário excluído mais de 11 anos atrás

	Copiado por Reiner Law aproximadamente 6 anos atrás

1 Law Notas sobre Constitutional and Administrative Law: The Human Rights Act 1998 (3), criado por Reiner Law em 02-10-2018.

Constitutional and Administrative Law: The Human Rights Act 1998 (3)