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The Human Rights Act 1998 What It Means
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Book Synopsis Critically Examining the Case Against the 1998 Human Rights Act by : Frederick Cowell
Download or read book Critically Examining the Case Against the 1998 Human Rights Act written by Frederick Cowell and published by Routledge. This book was released on 2017-09-13 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Universal Declaration of Human Rights by :
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Court of Human Rights by : Helmut P. Aust
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Book Synopsis Rights Brought Home by : Great Britain. Home Office
Download or read book Rights Brought Home written by Great Britain. Home Office and published by . This book was released on 1997 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Separation of Powers in the Contemporary Constitution by : Roger Masterman
Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Book Synopsis Public Law After the Human Rights Act by : Tom R. Hickman
Download or read book Public Law After the Human Rights Act written by Tom R. Hickman and published by . This book was released on 2010 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the Human Rights Act? What is its relationship to the common law? Is there a need to invent new doctrines of public law to accommodate the Act? Will it lead to the extinction of established doctrines? What should be the effect of the Act on the structure of public law as a whole?
Book Synopsis The Human Rights Act 1998 by : Lammy Betten
Download or read book The Human Rights Act 1998 written by Lammy Betten and published by Martinus Nijhoff Publishers. This book was released on 1999-06-23 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. A Conference Book.
Book Synopsis The Human Rights ACT 1998 - What It Means by : Betten
Download or read book The Human Rights ACT 1998 - What It Means written by Betten and published by Martinus Nijhoff Publishers. This book was released on 2023-11-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The incorporation of the provisions of the European Convention on Human Rights and Fundamental Freedoms into the domestic law of the United Kingdom raises many questions. What does it mean now that the Convention's provisions are expressly laid down in a national Act? Does it mean the addition of a number of - in the view of Lord Denning - broad principles which are `capable of giving rise to an infinity of argument' and which will do little to improve the human rights protection of the individual citizen? Or has the Act finally brought human rights `home', as Prime Minister Tony Blair claims? The Exeter School of Law's Centre for European Legal Studies invited a number of distinguished practitioners and scholars to shed light on a few of the questions which occupy the minds of many in the UK today. All of the contributors to the Centre's annual Lasok Conference agreed to put their findings in writing. This book is the result. It offers analyses and opinions from the point of view of practitioners, politicians, the Council of Europe and academics. It gives fascinating answers to those who are still wondering about the significance of it all.
Book Synopsis The Impact of the UK Human Rights Act on Private Law by : David Hoffman
Download or read book The Impact of the UK Human Rights Act on Private Law written by David Hoffman and published by Cambridge University Press. This book was released on 2011-10-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Blackstone's Guide to the Human Rights Act 1998 by : John Wadham
Download or read book Blackstone's Guide to the Human Rights Act 1998 written by John Wadham and published by Blackstone Press. This book was released on 1999 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Rights Act 1998 and the incorporation of the European Convention on Human Rights should have a significant impact in the constitutional balance between the citizen and the state. The Act ensures that the rights in the Convention are binding on all public bodies or those that exercise public functions.
Book Synopsis Human Rights in the UK by : David Hoffman
Download or read book Human Rights in the UK written by David Hoffman and published by Pearson Education. This book was released on 2006 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 second edition reflects the fast-paced nature of change in this area of law, and has been updated to include all the leading cases decided in the last few years.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Proportionality and Deference Under the UK Human Rights Act by : Alan D. P. Brady
Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book Human Rights Act 1998 written by and published by The Stationery Office. This book was released on 1998 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Royal assent, 9th November 1998
Download or read book Making Rights Real written by Ian Leigh and published by Bloomsbury Publishing. This book was released on 2008-08-29 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
Book Synopsis The New Labour Constitution by : Michael Gordon
Download or read book The New Labour Constitution written by Michael Gordon and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Labour government first elected in 1997 had a defining influence on the development of the modern UK constitution. This book combines legal and political perspectives to provide a unique assessment of the way in which this major programme of constitutional reform has changed the nature of the UK constitution. The chapters, written by leading experts in UK public law and politics, analyse the impact and legacy of the New Labour reform programme some 20 years on from the 1997 general election, and reveal the ways in which the UK constitution is now, to a significant extent, the 'New Labour constitution'. The book takes a broad approach to exploring the legacy of the New Labour years for the UK constitution. The contributors evaluate a range of specific substantive reforms (including on human rights, devolution, freedom of information, and the judicial system), changes to the process and method of constitutional reform under New Labour, the impact on key institutions (such as the judiciary and Parliament), and a number of wider constitutional themes (including national security, administrative justice, and the relationship between the Labour Party and constitutionalism). The book also reflects on the future challenges for the constitution constructed by New Labour, and the prospects for further constitutional reform. In bringing together this range of perspectives to reflect on the implications of the New Labour era of reform, this book offers a critical examination of a foundational period in the development of the contemporary UK constitution.
