Name: Human Rights in the UK By David Hoffman
SKU: 9781405823937
Price: 11.99 USD
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Human Rights in the UK Summary

Human Rights in the UK: An Introduction to the Human Rights Act 1998 by David Hoffman

This highly acclaimed textbook provides law students with a thorough introduction to the Human Rights Act 1998 and the mass of case law which has followed it. Providing thought-provoking discussion on topical issues, the book paves the way for students wishing to pursue more in-depth analytical study in this contemporary, and sometimes controversial, area of the law. The second edition reflects the fast-paced nature of change in this area of law, and has been updated to include all the leading cases decided in the last few years.

Contents Foreword by the Rt Hon. Lord Saville of Newdigate Foreword to the First Edition (2003) by the Rt Hon. Lord Williams of Mostyn Q.C. Acknowledgements Table of Cases Table of International Treaties Table of Statutes Table of Statutory Instruments 1 Introduction Acknowledgements * Abbreviations * Glossary of legal terms 2 The idea of human rights The nature of human rights * Rights unlimited? * Striking a balance * The individual and the state * The rule of law 3 The history of human rights and the Convention International protection of human rights * The background to the Convention: the Second World War and the United Nations * The background to the Convention: the Council of Europe * The Convention and the United Kingdom* A Convention chronology 4 Constitutional considerations Introduction to the United Kingdomlegal system * Parliament * The executive * The courts * Judicial review * The Act and Parliamentary sovereignty * Devolution * The European Convention in English law * The machinery of the European Convention * The margin of appreciation * Deference to the legislature 5 The scheme of the Human Rights Act 1998 Importing the decisions of the European Court * The Act and other legislation * Techniques of interpretation * Compatibility and Parliamentary sovereignty * Subordinate legislation * The unlawfulness of infringing Convention rights * Definition of public authorities * The court as a public authority: horizontal effect * Parliament as a public authority 6 Remedies under the Human Rights Act Who can complain: victims' * What can the court do? * Damages * Proving the claim * Bringing the claim: procedure * Injunctions * Time limits and limitation * Where does the Act apply: jurisdiction 7 Introduction to the Convention rights What rights are protected by the Act? * Omission of Articles 1 and 13 from the Act * The protocols * Derogations and reservations * Limitations on rights: qualified rights * In accordance with the law' * Necessary in a democratic society' * Proportionality * Which rights are qualified? * Non-discrimination * General provisions: Articles 16 18 8 The right to life Article 2 and the Thirteenth Protocol The right to life * The duty to protect life * The right to die? * The unborn child * The protection of life at work * The quality of life * Prisoners * Adequate investigation into loss of life * The use of force * The death penalty 9 Freedom from torture Article 3 The importance of Article 3 * The scope of the article * Violence and the threat of it * Sentencing of criminals * Corporal punishment * Treatment of prisoners * Ill-treatment of children * Medical treatment * Deportation of immigrants * Treatment of immigrants * Sexual discrimination and harassment * Pursuing a claim under Article 3 * Evidence obtained by torture 10 Freedom from slavery Article 4 The relevance of Article 4 today * What is slavery? * Forced or compulsory labour * Permissible labour 11 Personal Liberty Article 5 Personal liberty * The law on arrest * The scheme of Article 5 * The quality of the law * The meaning of arbitrary' * Types of permissible detention * Detention after conviction * Breach of a court order * Reasonable suspicion of an offence * Detention of minors for education * Persons of unsound mind * Arrest for deportation * Prompt reasons for arrest * Prompt appearance before a court * Speedy review of detention * Compensation for wrongful detention * Derogation from Article 5 12 The right to a fair trial Article 6 The importance of a fair trial * Civil and criminal cases * Is Article 6 unqualified? * A fair hearing * Within a reasonable time * An independent court * An interest in the case * Bias * Presumption of innocence * Adverse inferences * Agents provocateurs * Evidence obtained by unlawful or covert means * The minimum content of a fair trial * Civil proceedings: the scope of Article 6 * Civil proceedings: access to justice * Civil proceedings: the effect of the Convention 13 Retrospective legislation Article 7 The principle behind Article 7 * Retrospective law and our constitution * Clarity in the law * What is a penalty? * Changes in sentencing * Conduct which is always criminal 14 The right to privacy Article 8 The aims of Article 8 * Respect * A right to privacy? breach of confidence * Private life * Personality * Sexual orientation * Appearance * Searches of the person * Private life and discipline * The private life' of prisoners * Family life * Public authorities' decisions about the family * Ancestors of the family * Immigrants * Traditional family lifestyles and travellers * Home * Quality of home life * Correspondence * Intrusion byo property * Possessions' and property' * Analysis of the article * The general approach * Peaceful enjoyment * Deprivation of property * Compensation * Control of use * Taxation * Confiscation of proceeds of crime * Forfeiture of goods customs and the ports * Business and livelihood 20 Free elections Article 3 of the First Protocol The importance of democracy * The state's obligation * The scope of Article 3 * Voting systems * The franchise * The legislature * The position of candidates * Party political broadcasts 21 The problem of terrorism Terrorism and the rule of law * What is terrorism? * Dealing with the threat * The Terrorism Act 2000 * The Anti-Terrorism, Crime and Security Act 2001 * The right to life * Freedom from torture * Arrest without warrant * Port and border controls * Detention of suspected terrorists * The presumption of innocence * Unknown evidence * Precision in the law * Disclosure of information * Personal Searches * Freedom of association 22 Conclusion Appendix 1 The Human Rights Act 1998 Appendix 2 The European Convention for the Protection of Human Rights and Fundamental Freedoms Appendix 3 Members of the Council of Europe and Convention ratifications Appendix 4 The Universal Declaration of Human Rights Further reading Index

Additional information

Sku

GOR001725995

ISBN 13

9781405823937

ISBN 10

1405823933

Title

Human Rights in the UK: An Introduction to the Human Rights Act 1998 by David Hoffman

Author

David Hoffman

Condition

Used - Very Good

Binding type

Paperback

Publisher

Pearson Education Limited

Year published

2006-06-08

Number of pages

448

Prizes

N/A

Cover note

Book picture is for illustrative purposes only, actual binding, cover or edition may vary.

Note

This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Human Rights in the UK David Hoffman

Human Rights in the UK by David Hoffman

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Human Rights in the UK Summary

Human Rights in the UK: An Introduction to the Human Rights Act 1998 by David Hoffman

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