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Regina (Yam) v. Central Criminal Court and Another

United Kingdom, England.  16 December 2015 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Article 34 — Right of access to European Court of Human Rights — English courts refusing to permit disclosure of in camera evidence to European Court of Human Rights — Discretionary power of English courts — Whether exercise of discretion in breach of Article 34 of Convention — National security considerations — National authority competence — Role of European Court of Human Rights — Whether United Kingdom in breach of domestic or international law obligations

International tribunals — European Court of Human Rights — Independent international court — Non-disclosure of in camera evidence by domestic court — Whether domestic principles concerning access to material applicable — Role of European Court of Human Rights in deciding which material should be disclosed — Role of European Court of Human Rights in deciding whether breach of Article 34 of European Convention on Human Rights, 1950

Human rights — Right of access to European Court of Human Rights — European Convention on Human Rights, 1950, Article 34 — Nature of right — Whether United Kingdom breaching right — Whether open to English courts to refuse to allow disclosure of in camera evidence to European Court of Human Rights — The law of the United Kingdom

Type
Case Report
Copyright
© Cambridge University Press 2018

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