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:
“Long as I have lived, and many blasphemers as I have heard and seen, I have never yet heard or witnessed any direct and conscious blasphemy or irreverence; but of indirect and habitual, enough. Where is the man who is guilty of direct and personal insolence to Him that made him?”
—Henry David Thoreau (1817–1862)
“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)
“In his very rejection of art Walt Whitman is an artist. He tried to produce a certain effect by certain means and he succeeded.... He stands apart, and the chief value of his work is in its prophecy, not in its performance. He has begun a prelude to larger themes. He is the herald to a new era. As a man he is the precursor of a fresh type. He is a factor in the heroic and spiritual evolution of the human being. If Poetry has passed him by, Philosophy will take note of him.”
—Oscar Wilde (1854–1900)