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: 4404


5. A Conference Book.

Human Rights Brought Home

Socio-legal Perspectives on Human Rights in the National Context

Author: Simon Halliday,Patrick Delbert Schmidt

Publisher: Hart Publishing

ISBN: 1841133884

Category: Law

Page: 278

View: 7584


What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, while much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action â?? as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

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: 3638778223


Page: 60

View: 2145


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 Conscience of Europe

Author: John Coleman

Publisher: Council of Europe

ISBN: 9789287140302

Category: Conscience

Page: 211

View: 839


"If we don't find the soul of Europe by the end of the century, the game will be up" said Jacques Delors in 1989. How has the Council of Europe helped in this quest over the fifty years of its existence? The contributors to this collection of essays & articles - some from outside Europe & from widely differing cultures & faiths - look to the origins & meaning of the Council of Europe to examine the systems, values & dreams which Europe requires for the next millennium From the historical reminiscences of the early days of post-war European institutions by Cosmo Russel, Peter Smithers & Barney Milligan to the dreams of a new Europe expressed by Vaclav Havel & George Carey, Archbishop of Canterbury, this collection also includes Ziauddin Sardar's analysis of an unfeeling West & a plea for a new respect for the environment by Diana Schumacher.

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: 1312


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: J. Beatson

Publisher: Hart Publishing

ISBN: 1841130508

Category: Law

Page: 159

View: 3273


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.Contributions from many of the country's leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

The Future of Remedies in Europe

Author: Tonia Novitz,Claire Kilpatrick,Paul Skidmore

Publisher: Hart Publishing

ISBN: 1841130826

Category: Law

Page: 303

View: 1534


"Contributions ... have evolved from papers presented at the fifth EU/International Law Forum held by the Law Department of the University of Bristol in May 1999"--Foreword.

The UK and European Human Rights

A Strained Relationship?

Author: Katja S Ziegler,Elizabeth Wicks,Loveday Hodson

Publisher: Bloomsbury Publishing

ISBN: 150990199X

Category: Law

Page: 480

View: 9412


The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Human Rights Act 1998

A Practitioner's Guide

Author: Christopher Baker

Publisher: Carswell Legal Publications


Category: Political Science

Page: 481

View: 810


This is a high level introduction to an enormously important piece of legislation, the Human Rights Act 1998. It explains what the Act does and what Convention law (under the European Convention) is and how it works. The text sets out what Convention law exists and shows how the Act may affect domestic law and practice in these areas, and assembles the legal material in a way that is accessible, practical and understandable to both specialists and general practitioners. The book pulls together the knowledge and expertise of some of the leading practitioners in the areas affected by the Act. It includes: - Tax law - Planning law - Employment law - Public law - Housing law - Social welfare law - Family and child law - Criminal justice.

Q&A English Legal System 2013-2014

Author: Gary Slapper,David Kelly

Publisher: Routledge

ISBN: 0415503566

Category: LAW

Page: 274

View: 4832


Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

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: 4903


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.

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: 2019


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.

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: 4346


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.

Judicial Lawmaking and Administrative Law

Author: Frits Stroink

Publisher: Intersentia nv

ISBN: 9050954634

Category: Law

Page: 328

View: 1984


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.

Human Rights and the Criminal Justice System

Author: Anthony Amatrudo,Leslie William Blake

Publisher: Routledge

ISBN: 1135145512

Category: Law

Page: 182

View: 1197


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.


Author: Andrew Choo

Publisher: Oxford University Press

ISBN: 0199601151

Category: Law

Page: 480

View: 9342


Choo's Evidence provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: Oxford University Press, USA

ISBN: 0199683735

Category: Law

Page: 464

View: 3297


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.