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Judicial review update

The courts’ interpretation of article 8 from the ECHR is not biased, says Saara Idelbi

22 July 2014

If you haven’t heard the government’s
recent jibing of article 8 of the European Convention on Human Rights (ECHR), it will come as a shock that it could be dubbed one
of the most ‘abused’ rights when you collate articles over the past three years.

Its operation has been particularly lamented in the context of immigration and extradition law. However, in this last quarter, the parameters
of article 8 have been tested in the medical treatment sphere.

In McDonald v United Kingdom ECHR 141 (2014), the European Court of Human Rights (ECtHR) dealt with a judicial review that had gone up through the domestic courts, concerning the right of a local authority to withdraw or amend care suppor...

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