Constitutional Review under the UK Human Rights Act

Author: Aileen Kavanagh

Publisher: Cambridge University Press

ISBN: 1139488961

Category: Law

Page: N.A

View: 7632

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

The Impact of the UK Human Rights Act on Private Law

Author: David Hoffman

Publisher: Cambridge University Press

ISBN: 1139503200

Category: Political Science

Page: N.A

View: 4160

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.

Demokratische Gesetzgebung in der Europäischen Union

Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt

Author: Jelena von Achenbach

Publisher: Springer-Verlag

ISBN: 364223917X

Category: Law

Page: 522

View: 1112

Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.

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: 5426

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.

Vigilance and Restraint in the Common Law of Judicial Review

Author: Dean R. Knight

Publisher: Cambridge University Press

ISBN: 1108119107

Category: Law

Page: N.A

View: 2765

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Principles of Human Rights Adjudication

Author: C. A. Gearty

Publisher: Oxford University Press, USA

ISBN: 9780199270682

Category: Political Science

Page: 230

View: 7696

"This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order.

Public Law after the Human Rights Act

Author: Tom Hickman

Publisher: Bloomsbury Publishing

ISBN: 184731581X

Category: Law

Page: 360

View: 9801

It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court.

Blackstone's Guide to the Human Rights Act 1998

Author: John Wadham

Publisher: Blackstone Press

ISBN: 9780199299577

Category: Political Science

Page: 412

View: 6206

The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, or soon after significant legislative change, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act or legislation itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. Human rights law in the UK continues to evolve as a result of cases from both the domestic and Strasbourg Courts. The fourth edition of this bestselling text: - Analyses the impact of Convention rights in landmark judgments from areas such as constitutional law, discrimination law and criminal law - Explains how the UK courts are exercising their interpretative obligation to read legislation compatibly with Convention rights - Examines the notion of 'judicial deference' and how it has been applied in key cases - Maps the beginnings of a divergence in approach between the UK and Strasbourg Courts to human rights protection The new edition puts these recent developments in context and provides an up-to-date, clear, and concise, explanation of how the Human Rights Act has been applied. It summarises the interpretative techniques that lawyers need to understand, highlights the latest key domestic cases, and outlines the scope of the Convention articles.This fourth edition has been rewritten and restructured, with the addition of footnotes, to ensure even greater ease of use, and contains the full text of the Human Rights Act 1998 (as amended), the European Convention on Human Rights, and the EU Charter of Fundamental Rights.

Der Geist der Gesetze

Author: Charles Louis de Secondat de Montesquieu

Publisher: N.A

ISBN: N.A

Category:

Page: 150

View: 8976

The changing Constitution

Author: Jeffrey L. Jowell,Dawn Oliver

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 470

View: 3065

This new, expanded, and revised edition shifts its emphasis towards European issues, placing the constitution firmly in a European context. With new chapters on The European Community by Vernon Bogdanor and International Human Rights Law by Anthony Lester, as well as revised chapters on all other topics, the book once again offers an up-to-date view of the state of the British constitution and its relationship with the European Community.

The Changing Constitution

Author: Sir Jeffrey Jowell,Dawn Oliver

Publisher: Oxford University Press

ISBN: 9780199205110

Category: Law

Page: 443

View: 3841

Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The sixth edition of a highly successful volume provides a thorough review of the latest developments in constitutional reform. It includes a new chapter on 'Constitutional Watchdogs' and expanded consideration of freedom of information and the control of public expenditure. Professors Jowell and Oliver have brought together nineteen expert contributors to offer an invaluable source of material and analysis for all students of public law.

Judicial Review, Socio-Economic Rights and the Human Rights Act

Author: Ellie Palmer

Publisher: Bloomsbury Publishing

ISBN: 1847313760

Category: Law

Page: 384

View: 5584

In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Civil Liberties and Human Rights

Author: Helen Fenwick

Publisher: Routledge

ISBN: 1859419372

Category: Law

Page: 1631

View: 5909

This textbook presents a highly detailed critical analysis of the legal protection of civil liberties and human rights in Britain, evaluating them in relation to the position in other jurisdictions and against a background of liberal theory.

British Government and the Constitution

Text and Materials

Author: Colin Turpin,Adam Tomkins

Publisher: Cambridge University Press

ISBN: 9781139465366

Category: Law

Page: N.A

View: 7589

The first five editions of this well established book were written by Colin Turpin. This new edition has been prepared jointly by Colin Turpin and Adam Tomkins. This edition sees a major restructuring of the material, as well as a complete updating. New developments such as the Constitutional Reform Act 2005 and recent case law concerning the sovereignty of Parliament, the Human Rights Act, counter-terrorism and protests against the Iraq War, among other matters, are extracted and analysed. While it includes extensive material and commentary on contemporary constitutional reform, Turpin and Tomkins is a book that covers the historical traditions and the continuity of the British constitution as well as the current tide of change. All the chapters contain detailed suggestions for further reading. Designed principally for law students the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law. As such it is essential reading also for politics and government students. Much of the material has been reworked and with its fresh design the book provides a detailed yet accessible account of the British constitution at a fascinating moment in its ongoing development.

Constitutional Law, Administrative Law, and Human Rights

A Critical Introduction

Author: Ian Loveland

Publisher: Oxford University Press, USA

ISBN: 019870903X

Category: Law

Page: 840

View: 8719

The seventh edition of Constitutional Law, Administrative Law, and Human Rights, continues to provide in-depth coverage of the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. This engaging text provides a unique cross-disciplinary approach to the subject, with emphasis on material drawn from political theory, political science, and social history. The author's stimulating, narrative style encourages critical analysis, ensuring that the reader gains a fundamental appreciation of public law in its wider context.

Human Rights Law

Author: Merris Amos

Publisher: Bloomsbury Publishing

ISBN: 1782254439

Category: Law

Page: 688

View: 6469

In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

The Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: OUP Oxford

ISBN: 0191668184

Category: Law

Page: 856

View: 8580

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Rights-Based Constitutional Review

Constitutional Courts in a Changing Landscape

Author: John Bell,Marie-Luce Paris

Publisher: Edward Elgar Publishing

ISBN: 1784717614

Category: Law

Page: 480

View: 7011

Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.