Justice Series - Putting Rights into Practice – serie

An invaluable compendium of the Parliamentary debates on one of the most far reaching pieces of legislation this century - The Human Rights Act 1998. It is essential reading for those taking cases under the Act or interested in the development of human rights. As well as setting out the Government's intention for each section of the Act in an accessible format,this book is also a good read. Key issues include: Pepper v Hart statements on interpretation of the Human Rights Act; Underlying principles of the Human Rights Act

Given the recent developments in the European Union and the Council of Europe calling for greater protection from discrimination and promotion of equality,this report is both a timely and a valuable contribution to current debates. It maps out the territory covered by the new anti-discrimination provisions at a European Union level and draws on the experience of the provision of anti-discrimination laws in selected countries. It examines the effect of incorporation of the Human Rights Act in UK domestic law, and the proposals in the Council of Europe for strengthening the European Convention on Human Rights anti-discrimination provision. Finally, it suggests recommendations for strengthening protection from discrimination at the EU level.Contents: Foreword - Robin Allen; Introduction: setting the context - Gay Moon; Legal background - Razia Karim and Gay Moon; International treaties and comparative experience - Rabinder Singh QC; Equality as a Human Right: Towards a stronger European protection against discrimination; the preparation of a new additional protocol to the ECHR - Jeroen Schokkenbroek; Applying equality and non-discrimination rights through the Human Rights Act 1998 - Jonathan Cooper; Equality as an EC Right: The European Union and Article 13 of the Treaty establishing the European Community - Elspeth Guild; The new Article 13 EC Treaty: a platform for a European policy against racism? - Mark Bell; Race Discrimination and the role of the European Union - Conor Gearty; Conclusions and recommendations - Gay Moon; Appendices - I) Summaries of legislation in Canada, the Netherlands and India; 2) Proposed Additional Protocol, July 1999; 3) Proposals for new EC directives, December 1999.

With the incorporation into domestic law of the European Convention on Human Rights,the UK courts will increasingly be called upon to strike the balance between the potentially conflicting rights of the right to privacy under Article 8 and the right to freedom of expression under Article 10. This book looks at the legal and constitutional development of both these rights and the relationship between them in several other countries: France, Germany, Canada, New Zealand and Australia and before the European Court of Human Rights. With a particular focus on cases concerning the media, it is an important source for all those interested in the development of these areas of law under the Human Rights Act. Contributors: Madeleine Colvin; Catherine Dupre; Rosalind English; David Lindsay; Marguerite Russell; Jemima Stratford; Rosemary Tobin

Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.

As is well known the Human Rights Act 1998 (HRA) is a constitutional innovation,but can its scheme deliver? This timely and provocative book probes the extent to which the HRA is guaranteeing rights and whether it is transforming the legal landscape. This companion text to Understanding Human Rights Principles (Hart Publications 2001) is the culmination of a six-month project where key elements of the HRA were analysed and subjected to detailed scrutiny by expert practitioners and academics. The result is seven chapters of the highest quality which examine the following subjects including the reach of the Act and its jurisdictional scope and how to strike the balance under the HRA between interpretation and incompatibility. Two chapters look at remedies for breach of human rights. The first under the HRA and the second using Community law principles. The text then goes on to consider assessment of fact, due deference, and the wider impact of the Human Rights Act in administrative law. It then asks what is public power? And looks at the courts' approach to the public authority definition under the Act.Finally access to court under the Human Rights Act is examined including standing, legal assistance and third party intervenors. The book's contributors are the leading experts in the field including Dinah Rose, Nathalie Lieven, Janet Kentridge, Kate Markus, Richard Clayton QC, Peter Roth QC, and Tim Owen QC. It provides an unparalleled examination of the scheme of the Human Rights Act and its component parts and it is of direct relevance to the practitioner and academic.

As is well known the Human Rights Act 1998 (HRA) is a constitutionalinnovation,but can its scheme deliver? This timely and provocativebook probes the extent to which the HRA is guaranteeing rights andwhether it is transforming the legal landscape.This companion text to Understanding Human Rights Principles (Hart Publications 2001)is the culmination of a six-month project where key elements of theHRA were analysed and subjected to detailed scrutinyby expert practitioners and academics. The result is seven chaptersof the highest quality which examine the following subjects including the reach of the Act and its jurisdictional scope and how to strike the balance under the HRA between interpretation and incompatibility. Two chapters look at remedies for breach of human rights. The first under the HRA and the second usingCommunity law principles. The text then goes on to consider assessment of fact, due deference, and the wider impact of the Human Rights Act in administrative law. It then asks what is public power? And looks at the courts'' approach to the public authoritydefinition under the Act. Finally access to court under theHuman Rights Act is examined including standing, legal assistance and third party intervenors.The book''s contributors are the leading experts in the field includingDinah Rose, Nathalie Lieven, Janet Kentridge, Kate Markus,Richard Clayton QC, Peter Roth QC, and Tim Owen QC. It providesan unparalleled examination of the scheme of the HumanRights Act and its component parts and it is of direct relevance to thepractitioner and academic.

An invaluable compendium of the Parliamentary debates on one of the most far reaching pieces of legislation this century – The Human Rights Act 1998. It is essential reading for those taking cases under the Act or interested in the development of human rights. As well as setting out the Government''s intention for each section of the Act in an accessible format,this book is also a good read. Key issues include: Pepper v Hart statements on interpretation of the Human Rights Act;Underlying principles of the Human Rights Act

Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents:Foreword by the Hon. Mr Justice RichardsIntroduction by Jeffrey Jowell QC and Jonathan CooperThe concept of a lawful interference with fundamental rights - Helen MountfieldIdentifying the principles of proportionality - Michael Fordham and Thomas de la MareDertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane MulcahyPositive obligations under the Convention - Keir StarmerThe horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray HuntThe place of the Human Rights Act in a democratic society - Rabinder SinghPart of the Justice Series.