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Human Rights: Judicial Protection in the United Kingdom

Human Rights: Judicial Protection in the United Kingdom

Name: Human Rights: Judicial Protection in the United Kingdom
Brand: Sweet & Maxwell U.K.
SKU: 9780421902503
Price: 1571.40 HKD
Availability: OutOfStock
Author: Jack Beatson; Stephen Grosz; Tom Hickman; Rabinder Singh with Stephanie Palmer
ISBN: 9780421902503

Edited by Jack Beatson · Stephen Grosz · Tom Hickman · Rabinder Singh with Stephanie Palmer

Sweet & Maxwell U.K. September 2008

Specifications

ISBN-13: 9780421902503
Publisher: Sweet & Maxwell U.K.
Publication: September 2008
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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

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
WalesThis book clearly sets out the rights in a commentary that succinctly includes the relevant case law. - Legal Week
This work... will likely play an important role in the legal education of the profession, besides providing a useful handbook and reference to the scope and meaning of human rights as developed by the institutions in Strasbourg. - International Journal of Refugee Law

About the Author

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.

Reviews

This book clearly sets out the rights in a commentary that succinctly includes the relevant case law. - Legal Week

This work... will likely play an important role in the legal education of the profession, besides providing a useful handbook and reference to the scope and meaning of human rights as developed by the institutions in Strasbourg. - International Journal of Refugee Law

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