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Malone v. Metropolitan Police Commissioner (No. 2)
Published online by Cambridge University Press: 01 January 2021
Abstract
International law in general — Treaties — Treaty not incorporated into English law — Whether capable of conferring rights upon individuals enforceable in an English court — European Convention on Human Rights, 1951 — Right to privacy — Telephone tapping — The law of the England
Treaties — Conclusion and operation — Operation and enforcement — Necessity for municipal legislation — European Convention on Human Rights, 1950 — Whether justiciable in municipal court — Whether relevant in determining common law — The law of England
Disputes — Other international courts — European Court of Human Rights — Jurisdiction of Chamber — Whether to relinquish in favour of plenary Court — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950
The individual in international law — In general — Human rights and freedoms — Telephone tapping authorized by warrant of senior minister — Whether unlawful — Right to respect for private life — European Convention on Human Rights, 1950 — Article 8 — Whether justiciable in municipal court — Whether relevant in determining common law — General right of privacy — Right of privacy and property in respect of telephone conversations — Whether recognized by English law — Domestic remedy for telephone tapping — European Court of Human Rights — Jurisdiction of Chamber — Whether to relinquish in favour of plenary Court — Whether case raising serious questions affecting interpretation of Convention — Whether alleged activities an interference by public authority with a right guaranteed by the Convention — Whether justified — Article 8(2) of the Convention — Whether in accordance with the law — Quality of the law — Accessibility and foreseeability — Legal protection against arbitrary use of discretion — Scope and manner of exercise — Whether to be indicated in law — Whether interference necessary in a democratic society — Practice of metering of telephone lines — Whether applicant potentially liable to be affected — Legal safeguards — Effective remedy before national authority for violation of Convention — Article 13 — Whether necessary to examine issue — Just satisfaction — Article 50 — The law of England — The European Convention on Human Rights
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- © Cambridge University Press 1987