Mosley v United Kingdom: Super injunctions and Article 8
Entertainment & media
Comment | 20 July 2011
Written by Phil Hartley
The European Convention on Human Rights (ECHR), drafted in the immediate wake of the Second World War as a bulwark against the resurgence of fascism and the spread of Stalinism, guarantees certain fundamental human rights. The European Court of Human Rights (ECtHR) which adjudicates on ECHR, offered first signatory states, then, in the mid-1970s, individual complainants, a higher appellate body for challenging judicial decisions of the highest national courts. The promulgation of the Human Rights Act (HRA) 1998, at the dawn of the new millennium, meant ECtHR and ECHR were no longer merely the legal backdrop for supranational appeals, but rather imposed a ‘positive obligation’ on the UK to enshrine ECHR’s guarantee of rights within the domestic law.
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