Human rights: EC law – legality of fox-hunting ban (N. McKay & S. Foster)


Nikki McKay and Steve Foster


Human rights, Animals, European Union, EC law, Free movement of goods, Freedom of association, Freedom to provide services, Hunting, Necessary in democratic society, Peaceful enjoyment of possessions, Right to respect for private and family life


Examines the House of Lords decision in R. (on the application of Countryside Alliance) v Attorney General on whether the ban on fox hunting under the Hunting Act 2004 infringed: (1) the rights of hunters under the European Convention on Human Rights 1950 arts 8 and 11; and (2) the rights of parties who were involved in hunting occupationally under Protocol 1 art.1 of the Convention and the EC Treaty arts 28 and 49. Considers whether any interference with the human rights of the parties was justifiable and necessary in a democratic society.


(2008) 13(1) Coventry Law Journal 64-67


Human rights: European Community law – legality of fox-hunting ban