things to know

Cards (3)

  • Article 9 religion
    belief must satisfy modest and objective requirements
    • Be consistent with basic standards of human dignity and integrity
    • possess an adequate degree of seriousness and importance
    • Be coherent in being capable of being understood
  • General measure test
    Regulatory frame works to comply with
    • The quality of the parliamentary and judicial review of the necessity of the measure
    • The underlying reasons for adopting the general measure
    • Any risk of abuse if a general measure is relaxed
  • specific measure
    one which goes to just a particular thing
    Huang v SSHD and kashmiri
    in order for a measure to be proportionate
    1. The objective is sufficiently important to justify limiting fundamental right
    2. The means used to achieve thta objective are rationally connected to it
    3. The means used to impair the right or freedom are no more than is necessary to accomplish that objective
    4. maintained a fair balance between the rights of the individual or groups and the interest of the community