Article 15 Echr: Derogation In Case Of Emergency, Lawless V Ireland (1961)

2141 words - 9 pages

Critical Assessment
Innovations
The judgement of the Lawless case was the ECtHR’s first one. Since the Convention remains silent on many organisational aspects, the first hearings before the Court gave rise to many procedural questions. Ireland raised several objections regarding the procedure, which were rejected by the Court. Another aspect that was not yet regulated was the judgement style. The ECtHR adopted the French style, where the judgement is basically structured along one long sentence. This tradition has since then been replaced but still stays succinct when compared to the British tradition. Besides these rather formal innovations, there are other important aspects to consider. According to Bates, the judgement was considered to be bold at the time, even though from today’s perspective, it appears to be very technical. It was the first time that a citizen was able to take the government of a sovereign State before an international Court to defend his individual rights. This was applauded by most contemporary commentators and will be discussed in more detail below. The judgement set up the whole human rights machinery in Europe and showed that the Convention was indeed operable and more than dead letter. In addition to these assertions, the court shows his inclination to broad interpretations guided by the overall spirit of the Convention. This is illustrated by the Courts interpretation of Art. 5 ECHR where he notes that in this instance, the Irish interpretation “would lead to conclusions repugnant to the fundamental principles of the Convention.” Furthermore, the Court made it clear that it had ample powers independent of the States and the Commission, when it held that it could act on its own to assure the observation of every relevant provision. This statement assures the respect of the individual’s rights even in cases where the Commission might fail to recognize all pertinent dimensions of a case. Considering the outlined basis, the Lawless judgement constitutes the beginning of the impressive quest for the legal enforcement of human rights in Europe that is still ongoing and evolving.

The Individual’s Standing before the Court
At the time of the Lawless judgement, the applicant did not have locus standi before the ECtHR. Locus standi means that a party has the right to appear and be heard before the Court. In the case of the ECHR, this right was reserved to the High Contracting Parties and the Commission. This decision was reached in the first judgement of the Lawless case where the Court held that “the Applicant ... is not entitled to bring the case before the Court, to appear before the Court or even to make submissions through a representative appointed by him.“ Nevertheless, Lawless was entitled to receive reports from the Commission to be informed and the Commision was able to make the applicant’s opinion known before the court. The Irish government was not favourable towards this arrangement. It argued...

Find Another Essay On Article 15 ECHR: Derogation in Case of Emergency, Lawless v Ireland (1961)

"Voices of Northern Ireland: Growing Up in a Troubled Land." Carolyn Meyer. Harcourt Brace Jovanovich, 1987, 206 pp., $12.00. ISBN 0-15-200635-4 BOOK REVIEW

628 words - 3 pages Through interviews and observations, Carolyn Meyer attempts to describe the atmosphere of Northern Ireland, in Voices of Northern Ireland: Growing Up in a Troubled Land. The book is written in a diary like style, which adds to the feeling of understanding. Meyer explains that she wishes to, "present a picture of life in this sad, troubled country that would contribute to a better understanding of the people of Northern Ireland, and, ultimately

Actions taken by bystanders in a state of emergency - Case Study

708 words - 3 pages them. They didn’t feel as personally responsible for helping so they decided not to help at all. When we are presented with an emergency we may hesitate to avoid looking foolish if it turns out to not be an actual emergency. This is called evaluation apprehension and it is another reason why people hesitate or do not respond during an emergency. In the case study, they used an example of seeing a child floating face down in a pool. The person

Freedom of Expression? R v. Zundel - In Depth Case Analysis

1881 words - 8 pages authored by the appellant, purports to review certain publications in a critical fashion. On the basis of this review, it suggests, inter alia, that it has not been established that six million Jewish people were killed before and during World War II and that the Holocaust is a myth perpetrated by a worldwide Jewish conspiracy.Because much of the reasoning in this case turns on whether the expression in question purports to be a statement of fact or of

Social Problems of the Troubles in Ireland

2263 words - 9 pages Social Problems of the Troubles in Ireland For about 150 years Ireland and neighboring countries have struggled with social controversy and segregation that has consumed society and its views, which have been labeled as the “Troubles”. Ireland has struggled to become peaceful and accept the ties it has to the United Kingdom. In every country there is hate, wars, and events that cause the population to raise up arms and try to get their points

Exploring the Perception of Homelessness in Ireland

1459 words - 6 pages ), and conversely zero respondents strongly agreed. Of the 50% of all respondents who “strongly disagreed”, 90% of those individuals had donated money in the last twelve months and of the same sample of respondents, 50% of those individuals had volunteered with a charity in the last twelve months (appendix 7). Contrariwise, 15% of all respondents who “tended to agree” that homelessness was a choice; only one respondent had donated their time to

The Position of Women in Ireland

1984 words - 8 pages This essay will analyse the position of women in Ireland in the post 1922 period with reference to legislation and socio-economic changes in a thematically order. The topics discussed will be education with employment and family with the Catholic Church by referencing primary and secondary material. Emigration of women will also be mentioned in relation to women’s employment opportunities abroad. The essay will end in 1973 when Ireland joined

Case Study - Let it Pour. A case study of an article assigned in MGT 350

1767 words - 7 pages Case Study: Let it Pour - My First Assignment as Executive AssistantScott WalkerUniversity of PhoenixMGT 350Instructor: Fred MasciApril 8, 2004Workshop #4Case Study: Let it PourCase Study: Let it Pour - My First Assignment as Executive AssistantThe article entitled: Let it Pour - My First Assignment as Executive Assistant, poses three major problems facing the Faith Community Hospital organization. Chris Smith was recently promoted to the

Overview of The Emergency in India in 1975

3259 words - 13 pages houses? The special case of article 358 will also be examined. These will be the questions that this paper will try to answer. What usually Happens during National Emergency? Emergency is an extraordinary situation in which the state cannot function normally. The state will not be able to discharge its responsibilities, like in the normal circumstances. A tighter executive control on the state is required. So, during National Emergency, the

The Case of Marbury v. Madison

1154 words - 5 pages The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit

The case of Mitchell v. Wisconsin

2986 words - 12 pages generally been interpreted to protect the thoughts, as well as thespeech, of an individual (Cacas, 338). According to the Court'smajority opinion in Wooley v. Maynard, a 1977 case, "At the heart ofthe First Amendment is the notion that an individual should be free tobelieve as he will, and that in a free society one's beliefs should beshaped by his mind and his conscience rather than coerced by thestate."Another componet of Mitchell's First

Case Analysis of US v. Emerson

2851 words - 11 pages Case Analysis of US v. Emerson This case deals with the Defendant's possession of a firearm while under a restraining order, and the charges incurred by the Defendant for such firearm possession. Under Texas law, the possession of a firearm by Mr. Emerson creates a perceivable threat to members of his family, thus creating a violation of the restraining order against him. Apparently common practice in Texas, the restraining order was filed

Similar Essays

Margin Of Appreciation In Echr Essay

3932 words - 16 pages – sexuality rights which attracts massive volumes of claims under Art. 8 of ECHR. As stipulated by Ostrovsky, the margin of appreciation simply serves as a tribunal that lifts the veil of liability by way of morality and relativism. In relation to this matter, Norris v Ireland seemed to have reflected the statement of Harris et al. In Norris, there was a claim on article 8 due to the anti-sodomy law enacted by Ireland. The court discovered that

Judicial Method In A Lawless Person Case

803 words - 4 pages The judicial method in a lawless person case differs from a municipal case in several significant ways. At the beginning of a federal criminal case, the primary actors are the U.S. attorney (the prosecutor) and the impressive committee. The U.S. attorney comprises the joined States in most court proceedings, encompassing all lawless person prosecutions. The impressive committee reconsiders clues presented by the U.S. advocate and concludes if

Analysis Of Jfk’s Inaugural Address In 1961

1088 words - 4 pages Analysis of JFK’s Inaugural Address in 1961 Throughout history, Presidents have used the Inaugural Address as an opportunity to help the mental framework of the American people and to the greater world. In order to effectively do so, those who craft the address must exhibit a mastery of rhetoric. More so than in other writing pieces, an Inaugural Address by nature appeals more to the rhetorical element of emotion

Court Case Number 15: Bowers V. Hardwick (June 30, 1986)

561 words - 2 pages Court Case Number 15: Bowers v. Hardwick (June 30, 1986)In August of 1982, Michael Hardwick was charged with violating the Georgia statute criminalizing sodomy by committing that act with another adult male in the bedroom of Hardwick's home. Hardwick then brought suit in the Federal District Court, therefore challenging the constitutionality of the statute as it criminalized sodomy. Hardwick asserted that he was a practicing homosexual, that the