human rights in the uk an introduction to the human rights act 1998

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Human Rights In The Uk

Author : David Hoffman
ISBN : 9781408294505
Genre : Law
File Size : 80. 62 MB
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This highly acclaimed textbook provides law students with a thorough introduction to the Human Rights Act 1998, its background, how it came to be passed and the mass of case law that has followed it. The authors discuss the particular rights the Act embodies, including the law’s response to terrorism. Combining broad topic coverage with an engaging writing style, Hoffman and Rowe provide an outstanding platform for students wishing to gain an in-depth and critical understanding of this contemporary, contentious and constantly evolving area of law.

Valuepack Trusts And Equity Human Rights In The Uk

Author : Richard Edwards
ISBN : 1405888288
Genre :
File Size : 37. 24 MB
Format : PDF
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Trusts and Equity, 8/e Trusts and Equityis a trusted, clear and engaging explanation of the main principles of this area of law. This book demystifies this complex subject, without oversimplifying, by means of clear explanations and a focus on contemporary applications of the trust. It also considers proposals for reform so that the reader gains an understanding of the development of the law. Human Rights in the UK: An Introduction to the Human Rights Act 1998, 2/e This highly acclaimed textbook provides law students with a thorough introduction to the Human Rights Act 1998 and the mass of case law which has followed it. Providing thought-provoking discussion on topical issues, the book paves the way for students wishing to pursue more in-depth analytical study in this contemporary, and sometimes controversial, area of the law.

The Impact Of The Uk Human Rights Act On Private Law

Author : David Hoffman
ISBN : 9781139503204
Genre : Political Science
File Size : 72. 93 MB
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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Human Rights Act 1998

Author : Christopher Baker
ISBN : STANFORD:36105061976788
Genre : Political Science
File Size : 42. 81 MB
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This is a high level introduction to an enormously important piece of legislation, the Human Rights Act 1998. It explains what the Act does and what Convention law (under the European Convention) is and how it works. The text sets out what Convention law exists and shows how the Act may affect domestic law and practice in these areas, and assembles the legal material in a way that is accessible, practical and understandable to both specialists and general practitioners. The book pulls together the knowledge and expertise of some of the leading practitioners in the areas affected by the Act. It includes: - Tax law - Planning law - Employment law - Public law - Housing law - Social welfare law - Family and child law - Criminal justice.

Public Law After The Human Rights Act

Author : Tom Hickman
ISBN : 9781847315816
Genre : Law
File Size : 81. 59 MB
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It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court.

The Uk And European Human Rights

Author : Katja S Ziegler
ISBN : 9781509901999
Genre : Law
File Size : 39. 75 MB
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The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Human Rights Law

Author : Howard Davis
ISBN : 0199289344
Genre : Law
File Size : 64. 83 MB
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Covers all the core areas of human rights law, combining an engaging approach with helpful learning features and plenty of headings to make this an ideal text for those new to the subject Summaries, definitions, discussion topics and further reading references are integrated throughout the text and presented in a fresh colour design to illuminate legal complexities and highlight essential concepts Reflective questions are included at the end of each chapter, with suggested key issues for consideration provided on the book's accompanying website. These encourage students to reinforce their learning and foster best practice in developing a reasoned and structured approach to problem solving An accompanying website provides updates on case law and legislative developments as well as an interactive test bank of multiple choice questions to help students consolidate their knowledge Fresh two-colour text design makes the book easy to navigate and highlights cross references and learning features Human Rights Law is written in an engaging and lively manner with an emphasis on explaining the key topics covered on human rights law courses with clarity. No previous knowledge of the subject is assumed but the book provides a thorough introduction to the Human Rights Act 1998 and the way in which the Act gives effect to the European Convention on Human Rights. It looks at the main terms and implications of the convention rights themselves, highlighting some of the more complex and controversial issues of the subject.

Judicial Review Socio Economic Rights And The Human Rights Act

Author : Ellie Palmer
ISBN : 9781847313768
Genre : Law
File Size : 61. 6 MB
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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Critically Examining The Case Against The 1998 Human Rights Act

Author : Frederick Cowell
ISBN : 9781315310039
Genre : Law
File Size : 34. 3 MB
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Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.

Property And The Human Rights Act 1998

Author : Tom Allen
ISBN : 9781847310033
Genre : Law
File Size : 56. 69 MB
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By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.

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