ABSTRACT

This question requires a critical assessment of Art 8 and its likely impact in English law under the HRA 1998. The invitation in the question is to focus on the case law, the jurisprudence, developed by the European Court of Human Rights (ECtHR) as it has applied Art 8 in different situations. There also needs to be an awareness of the circumstances in which Art 8 will be relevant under the terms of the 1998 Act. Above all, the focus of the answer should be on a critical assessment of the effectiveness of Art 8, by bringing out points of criticism and difficulty.