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Lester, Pannick & Herberg: Human Rights Law and Practice, Third edition

Lester, Pannick & Herberg: Human Rights Law and Practice, Third edition

Publisher: LexisNexis U.K.
ISBN: 9781405736862
Published In: April 2009
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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With major changes in recent human rights laws, the third edition of this highly regarded book on Human Rights Law and Practice has been considerably re-written and amended to take into account the passing of new laws, updated legislation and legal practice. Written by three leading experts, the extensive body of work includes not only a comprehensive summary of European and UK human rights laws, but also regulations operating in a wider international framework.

Complex issues surrounding freedom of expression, conscience and belief, freedom of assembly and fair trial are analysed in depth in this practical book of Lester, Pannick & Herberg: Human Rights Law and Practice, with significant up-to-date cases cited as reference.

Delving into the historic foundations of human rights laws, Lester, Pannick & Herberg: Human Rights Law and Practice third edition dissects the political past in relation to present day laws and marvellously clarifies one of the most intricate areas of legal practice.

Reviews:

In "The Evolution of the European Convention on Human Rights" (OUP £95) Bates has written a lucid, readable book on the development of the European Court of Human Rights from the kernel of the convention written in 1948 as an safeguard against totalitarianism to its development as a European Bill of Rights, with the Court as a constitutional Court for Europe delivering landmark jurisprudence at significant points in it's development. Lord Hoffman recently wrote that "the very concept of human rights is being trivialised by silly interpretations of grand ideas". Despite concerns on the wide application of Convention rights notwithstanding a current backlog of 119000 cases with 1500 judgements a year, the Court continues to address fundamental issues such as extra territorial jurisdiction for civil deaths in Iraq (Al-Skeini v UK), the compatibility with fair trial rights in the absence of the jury giving reasons for its decision and restrictions on cross examination of the complainer in trials of sexual offences (Judge v UK 2011 SCCR 241) As Bates reflects, the Court needs a resolution to ensure a balance is achieved between maintaining the hard fought right of individual petition with a need to determine cases of wider significance to ensure the jurisprudence of the Court and it's primary aims are achieved. The application of those rights is most clearly explained in Lester and Pannicks "Human Rights Law and Practice" (Lexis Nexis £230) As Bates notes, Lord Lester was one of the earlier pioneers of the application of the Convention. This superb text is accessible and wide ranging, addressing as it does the application of each article and protocol of the Convention proceeded by the development of the Convention within the UK. Lord Reed's chapter on the application of human rights in Scots law provides the clearest explanation of devolution issues and the Scotland Act available. The application of the Convention knows no bounds and this book is a valuable and timely contribution for practitioners. This masterly text ought to be on every shelf.

David J Dickson
Solicitor Advocate

- Foreword
- Preface
- History and context
- Human Rights Act 1998
- Principles of interpretation
- European Convention on Human Rights
- Scotland
- Northern Ireland
- Wales
- Parliamentary scrutiny of human rights
- International human rights codes and UK law
- Appendix 1: Human Rights Act 1998
- Index

General Editors: Lord Lester of Herne Hill, QC; Lord Pannick, QC and Javan Herberg, Blackstone Chambers Kate Beattie; Monica Carss-Frisk QC; Brice Dickson; Kate Gallafent; Brian Kennelly; Tara Lyle; Nicholas de Marco; Thomas de la Mare; Bonita Meyersfield; Naina Patel; David Pievsky; Lord Reed; Pushpinder Saini QC; Iain Steele; Paola Uccellari; an expert author team with contributors from Blackstone Chambers, Court of Session, House of Lords and Queen's University, Belfast.