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)
“And yet out of eternity, a thread
separates itself on the blackness,
a horizontal thread
that fumes a little with pallor upon the dark.”
—D.H. (David Herbert)
“The attention of those who frequent the camp-meetings at Eastham is said to be divided between the preaching of the Methodists and the preaching of the billows on the back side of the Cape, for they all stream over here in the course of their stay. I trust that in this case the loudest voice carries it. With what effect may we suppose the ocean to say, “My hearers!” to the multitude on the bank. On that side some John N. Maffit; on this, the Reverend Poluphloisboios Thalassa.”
—Henry David Thoreau (1817–1862)