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Human Rights: Judicial Protection in the United Kingdom
Human Rights: Judicial Protection in the United Kingdom
Practice Area:  Human Rights
ISBN:  9780421902503
Published by:  Sweet & Maxwell
Publication Date:  23 Sep 2008
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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.
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
 
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
MICROSITE
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