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)
“Thir dread commander: he above the rest
In shape and gesture proudly eminent
Stood like a Towr; his form had yet not lost
All her Original brightness, nor appear’d
Less than Arch Angel ruind, and th’ excess
Of Glory obscur’d: As when the Sun new ris’n
Looks through the Horizontal misty Air
Shorn of his Beams, or from behind the Moon
In dim Eclips disastrous twilight sheds
On half the Nations, and with fear of change
Perplexes Monarchs.”
—John Milton (1608–1674)
“No being exists or can exist which is not related to space in some way. God is everywhere, created minds are somewhere, and body is in the space that it occupies; and whatever is neither everywhere nor anywhere does not exist. And hence it follows that space is an effect arising from the first existence of being, because when any being is postulated, space is postulated.”
—Isaac Newton (1642–1727)