000 02280cab a2200253 4500
001 ##L134217
008 060718n2006 000 0 eng u
035 _a(Sirsi) u134217
041 0 _aeng
245 0 0 _aR v (1) H.M. Attorney General (2) The Secretary for State for Environment, Food and Rural Affairs ex p Countryside Alliance and others - and - R v H M Attorney General, The Secretary of State for Environment, Food and Rural Affairs, RSPCA (intervener) ex p Frances Derwin and others
260 _c2006
520 _a[2006] EWCA Civ 817, 23 June 2006. Considers whether it came within the UK parliament's competence to enact the Hunting Act 2004 and whether the Act had infringed EC law or the Convention for the Protection of Human Rights and Fundamental Freedoms 1950. The appeals concerned the prohibition by the Act of the hunting with dogs of certain wild mammals. C contended that there had been infringements of their human rights in respect of Arts 8, 11 and Art 1 of the First Protocol of the Convention and that a total ban had not been required since alternative proposals would have been a limited and proportionate response to the objections raised about hunting. D argued that the ban infringed two of the free movement provisions in the EC Treaty. "Held": appeals dismissed. Enacting the Act had been within the rational, proportionate and democratic competence of parliament and the Act did not infringe EC law or the Convention.
590 _aIKA180706
650 _aR V H M ATTORNEY GENERAL AND ANOTHER EX PARTE COUNTRYSIDE ALLIANCE AND OTHERS
650 2 4 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650 2 4 _aTREATY ESTABLISHING THE EUROPEAN COMMUNITY (NICE VERSION) ART 49
650 2 4 _aTREATY ESTABLISHING THE EUROPEAN COMMUNITY (NICE VERSION) ART 28
650 2 4 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 11
650 2 4 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RURAL AND NATURAL ASSETS-SPORTING RIGHTS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/817.html
_zView the judgment free of charge at www.bailii.gov.uk...
942 _n0
999 _c77412
_d77412