Human Rights: Judicial Protection in the United Kingdom - 9780421902503

Product Description

Human Rights: Judicial Protection in the United Kingdom provides essential commentary on the Human Rights Act 1998 and examines the impact of human rights obligations on legislation.

Based on Grosz, Beatson & Duffy's Human Rights-The 1998 Act and the European Convention, Human Rights: Judicial Protection in the United Kingdom examines the different ways in which human rights are protected by the domestic courts.
Guidance on how sections of the Act need to be interpreted are provided, as well as an explanation of common law, European Union law, devolution legislation and other statutes.

Containing the latest UK case law and examining in detail the protection of human rights in Scotland, Wales and Northern Ireland, Human Rights: Judicial Protection in the United Kingdom is an essential guide for all parts of the United Kingdom.

Provides detailed and authoritative commentary on the Human Rights Act 1998
Examines fully the different ways in which human rights are protected by domestic courts. It analyses common law, devolution legislation and other statutes
Examines fully the personal, temporal and geographical scope of the Human Rights Act
Analyses the impact of human rights principles on legislation and examines the scope of the obligation to read legislation compatibly with Convention rights
Discusses general principles such as proportionality, weight and deference - material which is not covered in such detail in any other major human rights title
Deals comprehensively with remedies
Looks at the obligation of all courts and tribunals in the UK to take account of the case law of the European Court of Human Rights and the general principles which that Court has developed in interpreting the European Convention on Human Rights
Focuses on the interaction between the Human Rights Act and existing statutory and common law remedies; and the case law of the European Court of Human Rights
Assesses the impact of human rights law on the decisions of public officials
Gives a detailed account of the protection of human rights under the devolution statutes in Scotland, Northern Ireland and Wales

An author team of distinction
Sir Jack Beatson FBA is a Justice of the High Court and formerly Rouse Ball Professor of English Law, University of Cambridge; Stephen Grosz is Head of Public Law and Human Rights at solicitors Bindmans LLP; Tom Hickman is a barrister at Blackstone Chambers; Rabinder Singh Q.C. is a barrister at Matrix Chambers and Stephanie Palmer is a Senior Lecturer in Law at the University of Cambridge, Fellow of Girton College, University of Cambridge; barrister at Blackstone Chambers.
All are well-known for their experience in human rights law.

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Contents

Introduction: the place of human rights in the laws of the United Kingdom

Common law rights in England NI and Scotland
The approach of the HRA
The status of the Strasbourg jurisprudence
Devolution statutes
EC Law
Other statutes
Influence of comparative law

The convention principles and the approach of the Strasbourg Court

Status of jurisprudence in UK law
Understanding Strasbourg jurisprudence
The convention values
General principles of interpretation

General principles in domestic law

Interpreting the Convention in Domestic Law
Interference with a protected right
Legality
Proportionality, equality and other standards
Weight, deference and latitude
National security

Scope of protection of the HRA

Public authorities
Victims
Retrospective effect
Horizontal effect

Impact of the HRA on legislation

Decision making by public officials: impact of human rights principles
Scope of section 3
Approach to section 3 interpretation
Declarations of incompatibility

Decision making by public officials: impact of human rights principles

Impact on law on decisions of public officials
Relationship between section 6 and section 3 of the HRA
Effect on substantive review: Wednesbury to proportionality
Effect of Article 6: independent determination of civil rights
Relevant considerations doctrine
The need of individual consideration
Legitimate expectations
Fairness and natural justice
Hearings
Bias
Tort
Effect of HRA on negligence liability
Effect of HRA on intentional tort claims

Remedies

Proceedings
The role of domestic remedies in the Convention system
Remedies generally
Damages
Other remedies
Remedial orders

Scotland, Northern Ireland and Wales

Transition to the Supreme Court
Scotland
NI
Wales

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Reviews

This book will be a boon to both scholar and practitioner, the scholar for its erudition, the practitioner for its accurate summary of the law to date and the light it throws on the approach to practical problems. It is a major contribution to the literature on human rights and deserves the warmest of welcomes.

From the Foreword
Tom Bingham
House of Lords

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Book Microsite

Visit the Human Rights: Judicial Protection in the United Kingdom microsite at http://www.sweetandmaxwell.co.uk/hrjp/ for more information about this product.

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