The Weekly Law Reports
[2008] 3 WLR 867
Queen’s Bench Division
Regina (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others
[2008] EWHC 1354 (Admin)
2008 May 21,
22;
June 18
June 18
Wyn Williams J
Human rights— Jurisdiction— Channel Islands— United Kingdom declaring Convention for Protection of Human Rights and Fundamental Freedoms extending to Island of Sark— Whether Human Rights Act 1998 extending to Sark— Ministers and Privy Counsellors advising Queen to give Royal Assent to Laws proposed by legislature of Sark— Whether advisers acting as “public authority”—
Human Rights Act 1998 (c 42), s 6
[1]
—
Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 56, First Protocol, art 4
[2]
Human rights— Right to fair trial— Interference with— Law providing for senior judge on Island of Sark to sit in legislature— Whether judge independent and impartial tribunal— Whether Law infringing Convention right to fair trial—
Human Rights Act 1998, Sch 1, Pt I, art 6
Human rights— Right to free elections— Interference with— Law providing for two unelected members to sit in legislature of Island of Sark and prohibiting aliens from standing for election— Whether Law infringing Convention right to free elections ensuring free expression of opinion of people in choice of legislature— Whether “people” limited to citizens— Whether Law breaching right of citizen of European Union to stand as candidate at “municipal elections”—
Human Rights Act 1998, Sch 1, Pt II, art 3
—
EC Treaty
, art 19(1)EC
[3]