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Human Rights and European Law: Building New Legal Orders

Human Rights and European Law: Building New Legal Orders

Author: Mary Arden
Publisher: Oxford University Press
ISBN: 9780198728573
Published In: January 2015
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Senior judges and politicians increasingly question the role of the EU and the European Court of Human Rights. Some call for a reconsideration of the influence of transnational courts in the legal life of the UK, while others argue for a repeal of the Human Rights Act in favour of a British Bill of Rights.

Many perceive control of law-making as moving irreversibly away from the UK and into the hands of Europe. In contested domains like national security and individual freedoms there are concerns that the British national identity is being lost. Against this backdrop of confusion, Mary Arden's voice is one of reason.

A senior judge who has been at the heart of dialogue between domestic and international judges, Mary Arden is uniquely placed to discuss the impact of developments in human rights and European law. In this major new collection of her writings, Mary Arden clarifies the issues at stake with the new European legal orders. She explains the major developments in simple terms, addresses core criticisms of the EU and the ECHR, and examines the practical effects of these institutions on domestic legislation and case law.

In describing the far-reaching impact of EU law and the Human Rights Act, Mary Arden gives an insider's view of key conflicts including national security versus freedom of the individual, and freedom of the press versus the individual's right to privacy. She also outlines how domestic courts have been able to draw upon the decisions of Strasbourg in the key battlefields of media freedom, data protection, and national security.
Preface
Introduction: Why this Collection?

SECTION A - MASTERING A NEW SYSTEM

Preface

PART I: IMPLEMENTING HUMAN RIGHTS
1. Common Law in the Age of Human Rights
2. Building a Better Society
3. On Liberty

PART II: UNDERSTANDING PROPORTIONALITY AND SUBSIDIARITY
4. Proportionality: The Way Ahead
5. Subsidiarity and Decentralization
6. Press, Privacy, and Proportionality: The Impact of Proportionality on Judicial Review

PART III: INTERPRETING LEGISLATION - NEW APPROACHES EMERGE
7. The Interpretation of UK Domestic Legislation in the Light of the European Convention On Human Rights
8. The Changing Judicial Role: Human Rights, Community Law, and the Intention of Parliament
9. Statutory Interpretation and Human Rights

SECTION B - BALANCING DIFFERENT INTERESTS

Preface

PART IV: BALANCING HUMAN RIGHTS AND NATIONAL SECURITY
10. Human Rights and National Security
11. Balancing Human Rights and National Security - Conclusions
12. Meeting the Challenge of Terrorism: The Experience of English and Other Courts

PART V: PRIVACY: BALANCING PUBLIC AND PRIVATE INTERESTS
13. The Future of the Law of Privacy
14. Human Rights and Civil Wrongs: Tort Law under the Spotlight
15. Media Intrusion and Human Rights: Striking the Balance

SECTION C - BEYOND OUR OWN HORIZONS

Preface

PART VI: THE VALUE OF THE INTERNATIONAL PERSPECTIVE
16. Freedom of Expression and the Role of the Supreme Court
17. Prospective Overruling

PART VII: WORKING OUT THE RIGHT RELATIONSHIP WITH THE EUROPEAN SUPRANATIONAL COURTS
18. Peaceful or Problematic? The Relationship between National Supreme Courts and the Supranational Courts in Europe
19. Jurisdiction of the New UK Supreme Court
20. An English Judge in Europe

Epilogue
Appendix: Convention Rights Incorporated by Schedule 1 of the Human Rights Act 1998
Glossary