Last Updated：2025/12/30
Sentence
In
A
v.
UK,
the
Grand
Chamber
of
the
European
Court
of
Human
Rights
held
that
Part
4
of
the
2001
Act
was
not
a
strictly
necessary
response
to
the
acknowledged
emergency
evidenced
by
the
attacks
in
the
USA
and
that
the
detention
of
the
applicants
was
in
breach
of
Article
5.
This
conclusion
is
noteworthy
given
that
the
European
Court
has
in
the
past
adopted
a
deferential
if
not
supine
approach
when
assessing
the
legality
of
derogations
under
Article
15.
Quizzes for review
In A v. UK, the Grand Chamber of the European Court of Human Rights held that Part 4 of the 2001 Act was not a strictly necessary response to the acknowledged emergency evidenced by the attacks in the USA and that the detention of the applicants was in breach of Article 5. This conclusion is noteworthy given that the European Court has in the past adopted a deferential if not supine approach when assessing the legality of derogations under Article 15.
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