David Hart and Marina Wheeler
Air routes; Causes of action; Environmental protection; Margin of appreciation; Noise; Right to effective remedy; Right to respect for private and family life.
Explores the scope and implications of the Grand Chamber of the European Court of Human Rights judgment in Hatton v United Kingdom (36022/97) on the substantive merits of the Government’s decision on night flights from Heathrow airport and whether the decision was compatible with the applicants’ rights under the European Convention on Human Rights 1950 Art.8, and whether the decision making process itself accorded due weight to the interests of the individual. Addresses the margin of appreciation to be afforded to the Government when striking a fair balance between the competing interests of the individual and the community as a whole. Considers whether judicial review was not an effective remedy for the purpose of the European Convention on Human Rights 1950 Art.13 in respect of the alleged infringement of the applicants’ rights under Art.8.
(2004) 16 Journal of Environmental Law 132-139.