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:
“If there is a case for mental events and mental states, it must be that the positing of them, like the positing of molecules, has some indirect systematic efficacy in the development of theory.”
—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 first general store opened on the ‘Cold Saturday’ of the winter of 1833 ... Mrs. Mary Miller, daughter of the store’s promoter, recorded in a letter: ‘Chickens and birds fell dead from their roosts, cows ran bellowing through the streets’; but she failed to state what effect the freeze had on the gala occasion of the store opening.”
—Administration in the State of Sout, U.S. public relief program (1935-1943)