Critically Examining the Case Against the 1998 Human Rights Act
Critically Examining the Case Against the 1998 Human Rights Act

Author: Frederick Cowell

Publisher: Routledge

Published: 2017-09-13

Total Pages: 259

ISBN-13: 1315310031

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Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.

The European Court of Human Rights
The European Court of Human Rights

Author: Helmut P. Aust

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 296

ISBN-13: 1839108347

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This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

The Separation of Powers in the Contemporary Constitution
The Separation of Powers in the Contemporary Constitution

Author: Roger Masterman

Publisher: Cambridge University Press

Published: 2010-12-02

Total Pages: 297

ISBN-13: 1139494295

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In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

Public Law After the Human Rights Act
Public Law After the Human Rights Act

Author: Tom R. Hickman

Publisher:

Published: 2010

Total Pages: 356

ISBN-13: 9781472560766

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What is the Human Rights Act? What is its relationship to the common law? Is there a need to invent new doctrines of public law to accommodate the Act? Will it lead to the extinction of established doctrines? What should be the effect of the Act on the structure of public law as a whole?

The Human Rights ACT 1998 - What It Means
The Human Rights ACT 1998 - What It Means

Author: Betten

Publisher: Martinus Nijhoff Publishers

Published: 2023-11-27

Total Pages: 336

ISBN-13: 9004637524

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The incorporation of the provisions of the European Convention on Human Rights and Fundamental Freedoms into the domestic law of the United Kingdom raises many questions. What does it mean now that the Convention's provisions are expressly laid down in a national Act? Does it mean the addition of a number of - in the view of Lord Denning - broad principles which are `capable of giving rise to an infinity of argument' and which will do little to improve the human rights protection of the individual citizen? Or has the Act finally brought human rights `home', as Prime Minister Tony Blair claims? The Exeter School of Law's Centre for European Legal Studies invited a number of distinguished practitioners and scholars to shed light on a few of the questions which occupy the minds of many in the UK today. All of the contributors to the Centre's annual Lasok Conference agreed to put their findings in writing. This book is the result. It offers analyses and opinions from the point of view of practitioners, politicians, the Council of Europe and academics. It gives fascinating answers to those who are still wondering about the significance of it all.

The Impact of the UK Human Rights Act on Private Law
The Impact of the UK Human Rights Act on Private Law

Author: David Hoffman

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages:

ISBN-13: 1139503200

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.