European Court established that Article 6 ECHR includes an implied right of access to courts, not just fair trial procedures once proceedings have begun.

The House of Lords held that courts cannot use the Human Rights Act 1998 to disapply primary legislation that cannot be interpreted compatibly with Convention rights. This established limits on judicial power under the HRA.

Handyside v UK established the 'margin of appreciation' doctrine in European human rights law, allowing states discretion in restricting freedom of expression for moral protection. The case arose from the UK's prosecution of a publisher for distributing a controversial children's book, balancing free speech against protection of morals.

European Court of Human Rights case concerning UK government restrictions on press freedom regarding the Spycatcher affair. The court found violations of Article 10 ECHR but accepted some restrictions were initially justified.

A Turkish family successfully challenged the UK's failure to protect them from death threats and attacks, arguing police inaction violated their right to life. The European Court of Human Rights found violations of Article 2 (right to life) and Article 6 (right to fair trial), establishing positive duties on states to protect citizens from known threats.

Smith and Grady v UK challenged the UK's blanket ban on homosexuals serving in the armed forces. The European Court of Human Rights found that the policy and investigations into the applicants' sexual orientation violated their rights to private life and effective remedy.

European Court of Human Rights found that interrogation techniques used by UK forces in Northern Ireland constituted inhuman and degrading treatment but not torture.

European Court held that criminalisation of private homosexual conduct between consenting adults violated Article 8 ECHR, leading to decriminalisation in Northern Ireland.

The European Court of Human Rights found that the UK's injunction preventing The Sunday Times from publishing articles about the thalidomide scandal violated Article 10 of the European Convention on Human Rights. This landmark case established that restrictions on press freedom must be strictly justified and that 'prescribed by law' requires accessible and foreseeable legal standards.

European Court held that discrimination against unmarried mothers and their children in inheritance and family law violated Articles 8 and 14 ECHR.

The ECJ established the doctrine of direct effect, holding that EU law creates individual rights that national courts must protect, fundamentally transforming the relationship between EU and national law.

Two men challenged the UK's retention of their DNA profiles and fingerprints after charges against them were dropped or they were acquitted. The European Court of Human Rights ruled that blanket retention of biometric data from unconvicted individuals violated their right to privacy under Article 8 ECHR.

The European Court of Human Rights ruled that the UK's ban on political advertising on television and radio did not violate freedom of expression under Article 10 ECHR. The case established that states have a wide margin of appreciation in regulating political broadcasting to prevent wealthy interests from distorting democratic debate.

Pre-HRA courts cannot directly apply European Convention rights in judicial review.

An Italian lawyer challenged the nationalisation of the electricity industry, arguing Italian law conflicted with the EEC Treaty. The ECJ held that EU law creates a separate legal order that takes precedence over national law. Member States have limited their sovereign rights by creating a body of law binding on both nationals and themselves.

Landmark ECJ case establishing the doctrine of direct effect of EU law. Dutch company successfully invoked EEC Treaty provisions directly against national authorities, creating individual rights enforceable in national courts.

The ECJ established the supremacy of EU law over conflicting national law, holding that member states cannot unilaterally override EU obligations through subsequent domestic legislation.

ECJ case establishing absolute supremacy of EU law over national constitutional law. German company's challenge based on constitutional rights was rejected as EU law takes precedence over all national law.

A Dutch national was refused entry to the UK because of her association with the Church of Scientology. The ECJ held that Article 48 EEC and Directive 64/221 could have direct effect, allowing individuals to rely on them in national courts. However, public policy derogations permitted member states to refuse entry based on personal conduct.

UK's blanket prisoner voting ban violates European human rights law

The ECJ established the broad Dassonville formula defining measures having equivalent effect to quantitative restrictions. Any trading rule capable of hindering intra-Community trade falls within Article 34 TFEU.

The ECJ established that EU directives can have direct effect against member states, and that personal conduct restrictions on free movement must be based on present threats, not mere membership of organizations.

The ECJ established that Article 119 EEC (now Article 157 TFEU) on equal pay has direct effect. This landmark case enabled individuals to rely on EU treaty provisions on gender equality in national courts.

ECJ case establishing that national courts must immediately apply EU law and set aside conflicting national legislation without waiting for formal legislative repeal or constitutional procedures.

National security cannot justify deportation where real risk of torture exists.

German authorities refused to allow French cassis liqueur (15-20% alcohol) to be marketed, requiring 25% minimum alcohol content. The ECJ held this breached free movement of goods. Products lawfully produced and marketed in one Member State must be admitted to other Member States unless justified by mandatory requirements.

Vague binding over orders violate Article 10 freedom of expression requirements.

No human right to assisted suicide under European Convention

European Court held that publication of private photographs of Princess Caroline violated Article 8, establishing strong privacy protection against media intrusion.

European Court of Human Rights established that extradition to face death penalty could violate Article 3 due to 'death row phenomenon'.

Transgender rights triumph as Europe rules UK must recognise gender reassignment