The Alconbury litigation: principle and pragmatism
Elvin, D
The Alconbury litigation: principle and pragmatism - 2001 - Journal of Planning and Environment Law [2001] JPL 883-902(11) .
Discusses the Alconbury cases which raised the issue of whether the processes by which the SoS Environment makes decisions and orders under the Town and Country Planning Act 1990, the Transport and Works Act, the Highways Act 1980 and the Acquisition of Land Act 1981 are compatible with the Human Rights Act 1998 s6(1). It was held that the processes involved in these cases were incompatible but that the SoS Environment had not acted unlawfully under s6(1) because s6(2)(b) applied and the SoS's appeals were allowed. Article shows how the HL decision is consistent with Strasbourg authority.
HUMAN RIGHTS ACT 1998 S6
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
R V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
R V SOS ENVIRONMENT EX P PREMIER LEISURE
PLANNING
The Alconbury litigation: principle and pragmatism - 2001 - Journal of Planning and Environment Law [2001] JPL 883-902(11) .
Discusses the Alconbury cases which raised the issue of whether the processes by which the SoS Environment makes decisions and orders under the Town and Country Planning Act 1990, the Transport and Works Act, the Highways Act 1980 and the Acquisition of Land Act 1981 are compatible with the Human Rights Act 1998 s6(1). It was held that the processes involved in these cases were incompatible but that the SoS Environment had not acted unlawfully under s6(1) because s6(2)(b) applied and the SoS's appeals were allowed. Article shows how the HL decision is consistent with Strasbourg authority.
HUMAN RIGHTS ACT 1998 S6
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
R V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
R V SOS ENVIRONMENT EX P PREMIER LEISURE
PLANNING