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)
“True. There is
a beautiful Jesus.
He is frozen to his bones like a chunk of beef.
How desperately he wanted to pull his arms in!
How desperately I touch his vertical and horizontal axes!
But I can’t. Need is not quite belief.”
—Anne Sexton (1928–1974)
“Mix salt and sand, and it shall puzzle the wisest of men, with his mere natural appliances, to separate all the grains of sand from all the grains of salt; but a shower of rain will effect the same object in ten minutes.”
—Thomas Henry Huxley (1825–95)