The Human Rights Act 1998

What It Means : The Incorporation of the European Convention on Human Rights Into the Legal Order of the United Kingdom

Author: Lammy Betten

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110855

Category: Political Science

Page: 322

View: 3101


5. A Conference Book.

What in your opinion, has been the most significant impact of the incorporation of Human Rights legislation into British law?

Author: Karsten Keilhack

Publisher: GRIN Verlag

ISBN: 3638261271

Category: Law

Page: 25

View: 9640


Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 62%, Cardiff University (Großbritannien; Law School), course: English Legal System, language: English, abstract: The most important piece of British legislation with regard to Human Rights is undoubtedly the Human Rights Act 1998. The Act, in force since 2 October 2000, incorporated the European Convention on Human Rights1 into British law and constitutes one of the most controversial legislative creations enacted by the Westminster Parliament in its impressive history. Rancorous opponents have described the Act as a “plot to undermine Parliament and make Britain subservient to the European Union”, nothing more than a “complainers charter” and a “bonanza for lawyers.”2 Proponents counter and say that the 1998 Act will advance the cause of liberty and check the power of Britain’s over-mighty executive.3 Whatever the reader considers to be true, it is indisputable that the Human Rights Act 1998 is a huge constitutional innovation with a crucial impact on Britain’s legal system. Consequently, the present Lord Chancellor, Lord Irvine of Lairg, called it “a constitutional landmark” which “would be a point of reference for generations to come.”4 This essay will identify and analyse the most significant affects of Britain’s new human rights legislation. For that purpose it is first necessary to outline the historical development of human rights in the United Kingdom and to describe how these rights could have been enforced before the Human Rights Act 1998 came into force (Part A.) When considering this, attention will also be drawn to Britain’s political environment and its role in the development of international human rights instruments. Part B of this paper is then concerned with the question, of the approach taken by the British government in incorporating the ECHR, and how the concept of the Human Rights Act 1998 works in practice. The most significant impacts of the new Act will be examined in Part C.

Annuaire Europeen 1999/European Yearbook 1999

Author: Francis Rosenstiel,Edith Lejard-Boutsavath,Jean-Jacques Martz

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116772

Category: Political Science

Page: 1

View: 7122


The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions.

Jacobs, White & Ovey: The European Convention on Human Rights

Author: Robin C A White,Clare Ovey

Publisher: Oxford University Press

ISBN: 0199543380

Category: Law

Page: 644

View: 6730


Fifty years after the founding of the European Court of Human Rights it has dispensed more than 10,000 judgments and affects the lives of over 800 million people. The fifth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides a clear and concise explanation of this increasingly important area of the law. Examining each of the Convention rights in turn, this book lays out the key principles relevant to both Human Rights students and practitioners. Fully updated with all the significant developments of the last four years, it offers a valuable synthesis of lively author commentary and carefully selected case law. By focussing on the European Convention itself rather than its implementation in any one member state this text may be counted as essential reading for all those interested in the work of the Strasbourg organs, while a revised structure ensures the book now maps even more closely to European Human Rights courses. The European Convention on Human Rights offers an accessible overview of Convention law and practice for scholars, lawyers and policy makers. It offers a comprehensive understanding of the work of the Strasbourg Court in interpreting and applying the Convention.

The Human Rights Act and the Criminal Justice and Regulatory Process

Author: University of Cambridge. Centre for Public Law

Publisher: Hart Publishing

ISBN: 1841130508

Category: Law

Page: 159

View: 2770


The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume, arising from the second Cambridge Centre for Public Law conference consider the Act's impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection.

Human Rights and Civil Liberties

Author: Steve Foster

Publisher: Pearson Education

ISBN: 9781405824729

Category: Civil rights

Page: 702

View: 5260


An accessible account of the law of civil liberties and human rights for the undergraduate law student. The text will enable students to appreciate the balancing of human rights with other rights and interests, and to consider the impact and influence of both the Human Rights Act 1998 and the European Convention on Human Rights.

Lebendiges Familienrecht

Festschrift für Rainer Frank zum 70. Geburtstag am 14. Juli 2008

Author: Tobias Helms,Jens Martin Zeppernick

Publisher: Verlag für Standesamtswesen

ISBN: 3801957020

Category: Adoption

Page: 554

View: 5375


HL 106, HC 594 - Violence Against Women and Girls

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

ISBN: 0108557618

Category: Business & Economics

Page: 111

View: 7337


The Government's progressive work on tackling violence against women and girls abroad is not translating into its domestic policy, despite its Violence against Women and Girls Action Strategy and the Home Secretary's personal commitment to the issue. The Committee warns that failure to provide adequate refuge spaces and specialist services for victims of violence against women and girls demonstrates the difficulty for the Government in fulfilling its international obligations under the Convention when decisions over commissioning of certain services has been devolved. The Committee also expresses alarm at the prevalence of violence against women and girls across many cultures in the UK today, and heard troubling evidence from many minority groups that represent women with particular needs. The portrayal of women as victims of violence is deeply embedded in cultural stereotypes, in the depiction of women in the media and in how women are treated in the asylum system. This has to stop The Committee's recommendations include that: schools should play a greater role and include issues of violence against women and girls within the PSHE curriculum; whilst the Government has taken steps to engage with the media and with public awareness campaigns to counteract the sexualised portrayal of women, noting that the BBC declined invitations to give evidence to this inquiry, the media themselves should do more; the Government look again at the payment of universal credit to couples because of its concerns that it could put women subject to domestic violence at risk.

Mental Health and Scots Law in Practice

Author: Jim J. McManus,Lindsay D. G. Thomson

Publisher: Sweet & Maxwell

ISBN: 0414014758

Category: Mental health laws

Page: 275

View: 9714


Presents an account of the legal issues relevant to Scottish psychiatric practice, explaining how the Scottish legal system deals with mental health issues, and outlines psychiatric care systems. Meant for those involved with mental health and the law in Scotland, this title provides analysis of the Mental Health legislation.

Introduction to the English Legal System 2012-2013

Author: Martin Partington

Publisher: Oxford University Press

ISBN: 0199644829

Category: Law

Page: 344

View: 4138


Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Written in a highly engaging and accessible style, it introduces students to the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and critiquing current debates.

The Constitutional State

Author: N. W. Barber

Publisher: OUP Oxford

ISBN: 0191637254

Category: Law

Page: 224

View: 1195


The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

Judicial Lawmaking and Administrative Law

Author: Frits Stroink,F. A. M. Stroink,Eveline Van Der Linden

Publisher: Intersentia nv

ISBN: 9050954634

Category: Law

Page: 328

View: 6810


The book before carries a broad title. In the Dutch literature, the terms lawfinding and lawmaking are often used interchangeably. From a legal point of view, however, it makes quite a difference to the position of the court whether lawfinding or lawmaking is meant. Why write a book about lawmaking by the courts just in the area of administrative law? In administrative law, the administration is positioned between the legislature and the judiciary. The courts review decisions taken by the administration in implementing the law; however, where the administration has often been granted a degree of discretion, the courts access the lawfulness of the decision. The relation administration-judiciary raises so many specific questions that it justifies a book on judicial lawmaking in administrative matters. The authors are all members of the research program Public Law of the Ius Commune School.

Conversion Course Companion for Law

Core Legal Principles and Cases for CPE/GDL

Author: Rhona Smith

Publisher: Pearson Education

ISBN: 9781405873154

Category: Law

Page: 394

View: 2175


Written to support students through the challenges of the GDL or CPE course, Introduction to Law for the CPE introduces students to the landmark cases, the related key legal principles and puts each legal rule in context within each of the seven qualifying foundation subjects.

The English Legal System


Author: David Kelly

Publisher: Routledge

ISBN: 1136332278

Category: Law

Page: 768

View: 3987


Slapper and Kelly’s The English Legal System explains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System presents and analyses changes made to the legal system by the coalition government, and digests recent legislation and case law. The Constitutional Reform and Governance Act 2010, the Crime and Security Act 2010, the Coroners and Justice Act 2009, new European law, and the latest decisions of the Supreme Court are all incorporated into the text, and this edition also digests recent research on the work of juries and the criminal courts, and the 2011 changes to the regulation of, and Government contributions towards, legal services. Key learning features include: a clear and logical structure with short, manageable, well-structured individual chapters; useful chapter summaries which act as a good check point for students; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly’s The English Legal System is a permanent fixture in this ever evolving subject.

Current Problems in the Protection of Human Rights

Perspectives from Germany and the UK

Author: Katja S Ziegler,Peter M Huber

Publisher: Bloomsbury Publishing

ISBN: 1782250891

Category: Law

Page: 276

View: 438


While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Human Rights and the Criminal Justice System

Author: Anthony Amatrudo,Leslie William Blake

Publisher: Routledge

ISBN: 1135145512

Category: Law

Page: 176

View: 9431


We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: Oxford University Press, USA

ISBN: 0199683735

Category: Law

Page: 464

View: 7083


This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.