Human Rights

Principles of Human Rights Adjudication

By Conor Gearty
Oxford University Press January 2006

Specifications

ISBN-13
9780199287222
Publisher
Oxford University Press
Publication
January 2006
Format
Paperback , 264 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • The enactment of human rights legislation is a hugely important constitutional change in which there is enormous interest worldwide, yet the process is often poorly understood
  • Written in an accessible and engaging manner
  • Valuable to students: it sums up the Human Rights Act in eight chapters, covering all the key points

The Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers believe that it is the greatest thing that they have done, whereas others view it as a dangerous mistake. This volume explains what the Act is about, where it fits into Britain's constitutional tradition, and explores whether or not it has achieved its goals.



The Act has now been in force for three years, and a large body of case law has built up around it. The Act has enjoyed its fair share of controversies and has produced its own range of disappointments. It has become part and parcel of law courses in all universities, and has attracted the attention of practitioners from all areas of practice. It is now part of Britain's constitutional furniture, of interest and relevance not only to lawyers but also to political scientists, contemporary historians, and the general public.



This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order. It locates the measure in its political and historical context and analyses the case law from the perspective not only of principle but also of practical experience. It examines the effect of the Act, and provides the reader with the tools to make informed predictions on the likely outcome of cases.

Readership: Scholars, students, practitioners and members of the judiciary working in the fields of political science, law, and particularly human rights and civil liberties

Table of Contents

I Introduction


1: Making Sense of the Human Rights Act


2: The Impossible Demand: Human Rights and Representative Democracy


II The Core Principles


3: The Principle of Respect for Civil Liberties


4: The Principle of Legality


5: The Principle of Human Dignity


III Applying the Core Principles


6: The Aspiration of Institutional Competence


7: The Aspiration of Proportionate Intrusion


8: The Aspiration of Analytical Coherence


IV Conclusion


9: Judging the Human Rights Act


 


 



About the Author

Conor Gearty, Rausing Director of the Centre for the Study of Human Rights, and Professor of Human Rights Law, London School of Economics and Political Science


 


 



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