Constitutional and Administrative law-Discuss the main rights and their application by identifying them as absolute, limited or qualified rights.

ASSESSMENT QUESTION

On 14 January 2018, fire broke out in the 26-storey Grainville Tower (fictitious) block of flats in London. It caused 65 deaths and left hundreds homeless. Before the fire, residents expressed significant safety concerns. In particular, a group of residents (the Grainville Action Group) highlighted major safety problems, criticising the council and the Grainville Tower’s Management company (GTM) for neglecting fire safety and building maintenance. They specifically complained about the cost-saving cladding and electrical circuits used. The Grainville Tower Inquiry, ordered by Prime Minister Theresa May, began on 14 April 2018 to investigate the causes of the fire, and other related issues. In this way, it was ascertained that the rapid spread of the fire was attributed to the building’s exterior cladding. A second non-governmental inquiry, from the Equality and Human Rights Commission (EHRC), is paying particular attention to the UK’s obligations to the tower’s residents under the Human Rights Act and ECHR.

A group of family members of the Grainville Tower’s victims asks you for advice on the following points.

General Advice (1000 words)

Briefly describe the historical background and the current relationship between the European Convention of Human Rights (ECHR) and the Human Rights Act (HRA) 1998. List the main rights granted by the ECHR

Discuss the main rights and their application by identifying them as absolute, limited or qualified rights. Refer to relevant case law.

Specific Advice (1500 words)

Identify the possible breaches of the ECHR in this case and highlight the accompanying positive duties.

Discuss the responsibilities of the council and the Grainville Tower’s Management company (GTM) under Article 2 by identifying their duties under HRA.

Final Opinion ( 500 Words )
Comment on role and the need for a formal inquiry into this scenario.
Referencing:
Work must be properly referenced and MUST use the OSCOLA system and include a bibliography.