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Words: | Submitted: Tue Jun 20 2006
... it was possible (and, post-HRA, it remains possible) for an individual claiming to be a victim of a violation of his or her Convention rights to take a case to the European Court of Human Rights in Strasbourg and for that Court to hold the UK accountable for any proven breach, including by requiring compensation to be paid. However, before taking such a case, a person had first to exhaust available domestic remedies and thereafter the route to the ECtHR in Strasbourg was notoriously slow and expensive. The law of England and Wales did however provide a number of safeguards for human rights (though not described as such). A.V. Dicey identified a tradition of civil liberties, as part of the doctrine of the rule of law, as a fundamental cornerstone of the British constitution, exemplified in classic cases such as Entick v Carrington (1765). The basic proposition was that an individual ...
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