Delivering Rights: How the Human Rights ACT Is Working and for Whom

ISBN-13: 9781841132877 / Angielski / Miękka / 2003 / 221 str.

Jowell, Jeffrey

Opis

The Human Rights Act 1998 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 is the culmination of a six month project where key elements of the Human Rights Act were analyzed and subjected to detailed scrutiny by expert practitioners and academics. The result is seven chapters of the highest quality which examine the following subjects: Interpretation and incompatibility: striking the balance under the Human Rights Act; The reach of the Human Rights Act: Its jurisdictional scope; What is public power? The courts' approach to the public authority definition under the Human Rights Act; Remedies for breach of human rights: does the Human Rights Act guarantee effective remedies?; Assessment of fact, due deference, and the wider impact of the Human Rights Act in administrative law; Access to court under the Human Rights Act: standing, legal assistance and third party intervenors; and finally the question is asked, who are the winners and losers under the HRA? This book 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.