Police Discretion and the Rule of Law: Economic Community Rights versus Civil Rights

Autor:	Catherine Barnard, Ivan Hare
Rok vydání:	2000
Předmět:	Human rights Reservation of rights media_common.quotation_subject Fundamental rights Principle of legality Public administration Right to property Public law Due process International human rights law Law Political science media_common
Zdroj:	Modern Law Review. 63:581-595
ISSN:	1468-2230 0026-7961
DOI:	10.1111/1468-2230.00281
Popis:	The final domestic chapter of the live animals export saga has closed with the decision of the House of Lords in R v Chief Constable of Sussex, ex p International Trader's Ferry Ltd (ITF).1 The purpose of this comment is to address the issue of the level of policing which is required by domestic and Community law when protesters interfere with the pursuit of a lawful trade. When the major ferry operators decided to stop exporting live animals under pressure from the animal rights movement, ITF, a group of farmers, livestock exporters and hauliers, chartered their own vessel to continue their trade. ITF's attempts to use the Sussex port of Shoreham were, however, met with large-scale opposition from animal rights protestors. Ultimately, the Chief Constable of Sussex wrote to inform ITF that the Sussex police would in future permit only two sailings from Shoreham per week since 'the resources being utilised at present are of such a scale that they significantly impact upon my ability to deliver policing services in other areas'.2 This decision rendered ITF's charter-party uneconomic and, as a result, the company sought judicial review on the basis of European Community law and domestic law.3
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::032c6fc4be930a54cf39e0484a8b86ca https://doi.org/10.1111/1468-2230.00281 Zobrazit plný text záznamu Plný text ve formátu PDF