On Fri, Jan 16, 2004 at 08:20:15PM -0000, Ian Welton wrote:
> > Unfortunately the Court of Appeal isn't really allowed to
> > change its mind; its past decisions are binding on itself.
> > This decision would now have to be overturned by the House of Lords.
> What would happen if the Court of Appeal made a decision which was not
> compliant with the Human Rights Act?
My memory on all this stuff is pretty hazy - hopefully one of the
lawyers on the list will step in and give you the proper answer.
In theory this is one of the exemptions to the CA being binding on
itself. However, I would imagine that this is only rally used in practice
for judgments that were first made before the introduction of HRA.
Tony
~
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|