Lawless v. Ireland in the context of Offences against the State Acts 1939–1998


Lawless v. Ireland in the context of Offences against the State Acts 1939–1998

⭐ Core Definition: Lawless v. Ireland

Lawless v Ireland (1957–1961) was the first international court case decision that involved the interpretation of international human rights law and the first one filed against a country. It was referred to the European Court of Human Rights and the judgement by that court was its first.

The case was filed by Gerard Richard Lawless, who had been an IRA member, although he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain from Ireland, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of "no punishment without law".

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Lawless v. Ireland in the context of European Court of Human Rights

The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.

The court was established in 1959 and decided its first case in 1960 in Lawless v. Ireland. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, meaning that the Convention is interpreted in light of present-day conditions.

View the full Wikipedia page for European Court of Human Rights
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