An Article 8 Update (April 2005, Gordon Nardell)

An Article 8 Update (April 2005, Gordon Nardell)


This paper was originally presented at the Civil Service College course Article 8 for Government Lawyers, in April 2005.

  • Article 8(1): Scope of “private life”
    • The context 
    • Privacy in the public eye
    • “Physical and moral integrity”, “Personal autonomy” and “self-determination”
  • Is it legal?  
    • Predictability, accessibility and discretionary powers
  • Striking the balance: tiers before bedtime
    • The context
    • Samaroo: when can consideration of alternatives be dispensed with?
    • Legislative framework and individual decision: the distinction collapses
  • Spelling it out: reasons and audit trials
    • Taking advantage of the discretionary area of judgment
    • Grappling with the issues: the importance of appearances

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