the uk and european human rights a strained relationship

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The Uk And European Human Rights

Author : Katja S Ziegler
ISBN : 9781509901999
Genre : Law
File Size : 32. 91 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.

The International Human Rights Judiciary And National Parliaments

Author : Matthew Saul
ISBN : 9781316878460
Genre : Political Science
File Size : 53. 17 MB
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The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Jacobs White And Ovey The European Convention On Human Rights

Author : Bernadette Rainey
ISBN : 9780198767749
Genre : Law
File Size : 69. 3 MB
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The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights is a clear and concise companion to this increasingly important and extensive area of the law. The authors examine each of the Convention rights in turn, explore the pivotal cases in each area and examine the principles that underpin the Court's decisions. The focus on the European Convention itself, rather than its implementation in any one member state, makes this book essential reading for all students looking for a concise yet authoritative overview of the work of the Strasbourg Court. Online Resource Centre The text is accompanied by an Online Resource Centre that features updates on cases and legislation since publication as well as links to useful websites and further reading on the European Convention.

Going To Strasbourg

Author : Paul Johnson
ISBN : 9780198777618
Genre :
File Size : 21. 11 MB
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Since its inception, the European Convention on Human Rights has been a beacon of hope to gay men and lesbians in Europe. Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights provides a comprehensive account of how individuals in the United Kingdom have utilized the Convention, by way of making applications to its organs in Strasbourg in order to challenge sexual orientation discrimination. Combining an exhaustive analysis of Strasbourg case law with nineteen unique oral histories of applicants, legal professionals, and campaigners, this book is the definitive history of the role that 'going to Strasbourg' has played in eradicating discrimination and establishing legal equality on the grounds of sexual orientation in the UK.

Uk Public Law And European Law

Author : Gordon Anthony
ISBN : 9781841131481
Genre : Law
File Size : 23. 52 MB
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This title argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration.

Muslim Women And Shari Ah Councils

Author : S. Bano
ISBN : 9781137283856
Genre : Political Science
File Size : 81. 63 MB
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Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

From Transnational Relations To Transnational Laws

Author : Professor Anne Griffiths
ISBN : 9781409497424
Genre : Law
File Size : 67. 2 MB
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This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.

Journal Of Transnataional Law Policy

Author :
ISBN : UCAL:B5115046
Genre :
File Size : 61. 4 MB
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Children Bill Nineteenth Report Of Session 2003 04 Report Together With Formal Minutes Appendices And Minutes Of Evidence

Author : Great Britain: Parliament: Joint Committee on Human Rights
ISBN : 0104005270
Genre : Children
File Size : 27. 80 MB
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The Committee's report examines the Children Bill as introduced into the Commons in July 2004 (HCB 144, ISBN 0215704479), following Lords amendments. In particular, the report focuses on the parts of the Bill relating to: the creation of the post of Children's Commissioner for England; strengthening the legal framework of co-operation between agencies delivering children's services; as well as clause 49 of the Bill on the corporal punishment of children and the restriction of the defence of 'reasonable chastisement', in light of the UK's obligations under the UN Convention on the Rights of the Child and the European Convention on Human Rights. Conclusions reached include i) support for the creation of an independent rights-based office of Children's Commissioner; and ii) that the continuing availability of the defence of reasonable chastisement is incompatible with the UK's obligations under the UN Convention and other international agreements.

Constitutional Review Under The Uk Human Rights Act

Author : Aileen Kavanagh
ISBN : 9781139488969
Genre : Law
File Size : 53. 25 MB
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Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

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