Indirect Horizontal Effect
It has been argued that the Human Rights Act 1998 has not created rights which can be directly relied on between private parties (Direct Horizontal Effect) but has instead created a right, to privacy for example, by requiring courts to have regard to Convention rights through s. 6 of the 1998 Act. Some commentators therefore argue that the Act is horizontally effective. Baroness Hale in Campbell v MGN stated "The 1998 Act does not create any new cause of action between private persons. But if there is a relevant cause of action applicable, the court as a public authority must act compatibly with both parties' Convention rights.”
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Famous quotes containing the words indirect, horizontal and/or effect:
“An indirect quotation we can usually expect to rate only as better or worse, more or less faithful, and we cannot even hope for a strict standard of more and less; what is involved is evaluation, relative to special purposes, of an essentially dramatic act.”
—Willard Van Orman Quine (b. 1908)
“I am a sort of martyr, as you see,
A horizontal monument to patience.
The calves of waitresses parade about
My helpless head upon this sodden floor.
Well, I am down again, but not yet out.
O sweet frustrations, I shall be back for more.”
—Richard Wilbur (b. 1921)
“The reason why women effect so little and are so shallow is because their aims are low, marriage is the prize for which they strive; if foiled in that they rarely rise above disappointment ... [ellipsis in source]”
—Sarah M. Grimke (1792–1873)