Making Rights Real

The Human Rights Act in its First Decade

AvIan Leigh,Roger Masterman

Inbunden, Engelska, 2008

Del i serien Human Rights Law in Perspective

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Beskrivning

Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.

Produktinformation

Utgivningsdatum:2008-08-29
Mått:156 x 234 x 21 mm
Vikt:742 g
Format:Inbunden
Språk:Engelska
Serie:Human Rights Law in Perspective
Antal sidor:264
Förlag:Bloomsbury Publishing PLC
ISBN:9781841133539

Utforska kategorier

Folkrätt inom Juridik

Mer om författaren

Ian Leigh and Roger Masterman are, respectively, Professor of Law and Lecturer in Law at Durham University. Both are members of the Durham Human Rights Centre.

Recensioner i media

The breadth of the project is the book's main strength. It provides an excellent one-stop-shop for those wishing to obtain a detailed overview and evaluation of the Act, of its impact upon English law, and of academic commentary...Leigh and Masterman succeed in their objective of providing an excellent account of the extent to which Convention rights have been brought home in the first decade of the Human Rights Act. Alison Young The Cambridge Law Journal Vol 68 (2) July 2009 The writing is lucid. The authors are experienced and knowledgeable in the field, and while their work is scholarly, the text is not overburdened. Gina Clayton The Journal of Immigration, Asylum and Nationality Law Vol 23, No 2, 2009 ...[includes] a wide-ranging survey of the Act's effect on private law covering privacy, contract, employment and property law. Elizabeth Prochaska The Law Quarterly Review Vol 125. April 2009 Making Rights Real should appeal to a range of audiences as it contains an accessible outline of the HRA and discusses the most important cases that have arisen in the subsequent jurisprudence, both of which will be illustrative for new students of human rights law in the UK, and yet it simultaneously manages to develop more scholarly ideas of constitutional reform that will be of interest in a more academic forum. Hayley Smith Justice Journal Issue 5, Number 2

Innehållsförteckning

Part I: The Architecture of the Human Rights Act1 Great Expectations2 Human Rights and the Political Process3 The Courts (I): Sources of law4 The Courts (II): Interpretation and Its Limits5 The Co-operative Constitution?Part II: Domestic Remedies for Violations of Convention Rights6 Public Law Remedies: the Scope and Standard of Judicial Review under the HRA7 Human Rights and the Criminal Trial8 Human Rights and Counter-Terrorist Measures9 ‘Horizontal rights’10 Civil Law Remedies11 Conclusion