The Weekly Law Reports
[2009] 2 WLR 1205
Court of Appeal
Regina (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others
[2008] EWCA Civ 1319
2008 Oct 23,
24;
Dec 2
Dec 2
Pill, Jacob, Etherton LJJ
Human rights— Jurisdiction— Channel Islands— United Kingdom declaring Convention for the Protection of Human Rights and Fundamental Freedoms extending to Sark as dependent territory— Whether Human Rights Act 1998 extending to Sark— Human Rights Act 1998 (c 42)— Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 56(1), First Protocol, art 4
Human rights— Right to fair trial— Interference with— Sark Law providing for Sark judge to sit in Sark 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(1)
Human rights— Right to free elections— Interference with— Sark Law providing for officials to sit as unelected members of Sark legislature and prohibiting aliens from standing for election to legislature— Whether impairing “free expression of the opinion of the people in the choice of the legislature”— Whether infringing Convention right to free elections— Whether 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