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Author: John Wadham Publisher: Blackstone Press ISBN: Category : Law Languages : en Pages : 334
Book Description
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.
Author: John Wadham Publisher: Blackstone Press ISBN: Category : Law Languages : en Pages : 334
Book Description
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.
Author: Frederick Cowell Publisher: Routledge ISBN: 1315310031 Category : Law Languages : en Pages : 259
Book Description
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.
Author: David Hoffman Publisher: Pearson Education ISBN: 9781405823937 Category : Juvenile Nonfiction Languages : en Pages : 452
Book Description
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.
Author: Roger Masterman Publisher: Cambridge University Press ISBN: 1139494295 Category : Law Languages : en Pages : 297
Book Description
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.
Author: Helmut P. Aust Publisher: Edward Elgar Publishing ISBN: 1839108347 Category : Law Languages : en Pages : 296
Book Description
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.
Author: David Hoffman Publisher: Cambridge University Press ISBN: 1139503200 Category : Political Science Languages : en Pages :
Book Description
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.
Author: Aileen Kavanagh Publisher: Cambridge University Press ISBN: 1139488961 Category : Law Languages : en Pages : 470
Book Description
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.
Author: John Wadham
Author: John Wadham
Author: Frederick Cowell
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Author: Great Britain. Home Office
Author: David Hoffman
Author: Roger Masterman
Author: Helmut P. Aust
Author: David Hoffman
Author: 
Author: Aileen Kavanagh