Blackstone's Guide to the Human Rights Act 1998 By John Wadham
Blackstone's Guide to the Human Rights Act 1998
by John Wadham
Out of Stock
Human rights law in the UK continues to evolve as a result of cases from both the domestic and Strasbourg Courts. Providing an explanation of how the Human Rights Act has been applied, this fourth edition summarises the interpretative techniques that lawyers need to understand and outlines the scope of the Convention articles.
Blackstone's Guide to the Human Rights Act 1998 Summary
Blackstone's Guide to the Human Rights Act 1998 by John Wadham
The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, or soon after significant legislative change, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act or legislation itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. Human rights law in the UK continues to evolve as a result of cases from both the domestic and Strasbourg Courts. The fourth edition of this bestselling text: - Analyses the impact of Convention rights in landmark judgments from areas such as constitutional law, discrimination law and criminal law - Explains how the UK courts are exercising their interpretative obligation to read legislation compatibly with Convention rights - Examines the notion of 'judicial deference' and how it has been applied in key cases - Maps the beginnings of a divergence in approach between the UK and Strasbourg Courts to human rights protection The new edition puts these recent developments in context and provides an up-to-date, clear, and concise, explanation of how the Human Rights Act has been applied. It summarises the interpretative techniques that lawyers need to understand, highlights the latest key domestic cases, and outlines the scope of the Convention articles. This fourth edition has been rewritten and restructured, with the addition of footnotes, to ensure even greater ease of use, and contains the full text of the Human Rights Act 1998 (as amended), the European Convention on Human Rights, and the EU Charter of Fundamental Rights.
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John Wadham has extensive experience in privacy, regulatory, administrative, human rights and civil liberties law. Since 2003 he has been Deputy Chair of the Independent Police Complaints Commission (IPCC), and prior to this he was Director of Liberty. In addition to his practical experience as a solicitor, John has co-authored a number of titles in the areas of public law, human rights, and civil liberties, including; Blackstone's Guide to the Freedom of Information Act 2000 (OUP, 2nd edn Jan 2005 with Jonathan Griffiths); Blackstone's Guide to the Human Rights Act 1998 (OUP, 3rd edn Oct. 2003 with Helen Mountfield and Anna Edmundson); and the civil liberties section of The Penguin Guide to the Law. Helen Mountfield (Call 1991) is a barrister at Matrix Chambers specialising in public law, particularly judicial review, and has a substantial practice in employment law, election law and information law. Issues of human rights, discrimination and EU law intersect across her whole practice. Anna Edmundson is Deputy Director of the British Institute of Human Rights and was formerly Legal Information Manager at Matrix Chambers.
Table of Contents
1. Introduction; Introduction; Human Rights in the United Kingdom before the Human Rights Act; The Incorporation of the Convention; The Human Rights Act as a Constiutional Instrument; Human Rights in the United Kingdom after the Human Rights Act; The Institutional Framework - Creating a Culture of Respect for Human Rights; The Future of Human Rights Protection in the United Kingdom; 2. The Framework of the European Convention on Human Rights; Introduction; Interpreting the Convention; The Scope of Convention Rights; Limitations and Restrictions on Convention Rights; Margin of Appreciation and Discretionary Area of Judgement; 3. The Framework of the Human Rights Act; Introduction; Overview of the Provisions of the Human Rights Act; Summary of the Effects of the Human Rights Act; 4. The Operation of the Human Rights Act; Introduction; The Human Rights Act Mechanism; Exceptions and Special Cases; The Effect of the Convention in Litigation; 5. Bringing a Claim under the Human Rights Act; Introduction; Limitation Periods: Are There Time Limits for Bringing a Claim under the Human Rights Act?; Standing and Interventions: Who May Bring Proceedings under the Human Rights Act?; The Appropriate Forum for an Argument under the Human Rights Act; 6. Human Rights Act Remedies for Breaches of Convention Righs; Introduction; Section 8 - Damages; Section 4 - Declarations of Incompatibility; Section 10 - 'Fast-Track' Procedure; 7. The Interaction between Convention Principles and European Union Law; Introduction; The Developing Doctrine of Fundamental Rights in EU Law; The European Charter of Fundamental Rights; The Interaction of EU Law with Application of Convention Principles in UK Courts; 8. Convention Rights and the Human Rights Act; Introduction; Article 2: Right to Life; Article 3: Prohibition of Torture; Article 4: Prohibition of Slavery and Forced Labour; Article 5: Right to Liberty and Security; Article 6: Right to a Fair Trial; Article 7: No Punishment Without Lawful Authority; Article 8: Right to Respect for Private and Family Life; Article 9: Freedom of Thought, Conscience, and Religion; Article 10: Freedom of Expression; Article 11: Freedom of Assembly and Association; Article 12: Right to Marry; Article 13: Right to an Effective Remedy; Article 14: Prohibition on Discrimination; Article 15: Exceptions in Time of War; Article 16: Restrictions on Political Activity of Aliens; Article 17: Prohibition of Abuse of Rights; Article 18: Limitation on Use of Restrictions on Rights; Protocol 1, Article 1: Protection of Property; Protocol 1, Article 2: Right to Education; Protocol 1, Article 3: Right to Free Elections; Protocol 4; Protocol 7; Protocol 12; Protocol 13; 9. Beyond the Domestic Courts: Taking a Case to Strasbourg; Introduction; The Structure and Jurisdiction of the Court; Making a Complaint; Admissibility; The Merits Stage; Funding for Cases in Strasbourg; 10. Researching Human Rights Jurisprudence; Introduction; Conventional Jurisprudence; Finding Convention Case Law; Finding Human Rights Act Materials; Finding Relevant Materials from other Jurisdictions; Finding other International and Regional Human Rights Materials; APPENDICES; Appendix 1: The Human Rights Act 1998; Appendix 2: The Government's White Paper; Appendix 3: Extracts from Hansard; Appendix 4: European Convention for the Protection of Fundamental Rights and Freedoms; Appendix 5: Charter of Fundamental Rights of the European Union; Appendix 6: Selected Extracts from the Equality Act 2006
Blackstone's Guide to the Human Rights Act 1998 by John Wadham
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