Human Rights Law

ISBN-13: 9781849463805 / Angielski / Miękka / 2014 / 793 str.

Merris Amos

Opis

In this completely revised and updated second edition, the judicial interpretation and application of the UK's Human Rights Act 1998 is comprehensively examined and analyzed. 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 * damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by UK's 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 * the right to freedom from discrimination in the enjoyment of Convention rights. This second edition of Human Rights Law will be invaluable for those teaching, studying, and practicing in the areas of human rights law, constitutional law, and administrative law.

Spis treści

PART I: THE HUMAN RIGHTS ACT 1 Background and Interpretation 2 The Benefi t and Burden of the Human Rights Act 3 The ‘Acts’ to which the Human Rights Act Applies 4 Determining Incompatibility 5 The Defence of Primary Legislation 6 Remedies PART II THE CONVENTION RIGHTS 7 Article 2: The Right to Life 8 Article 3: Prohibition of Torture and Inhuman or Degrading Treatment or Punishment 9 Article 5: The Right to Liberty and Security 10 Article 6: The Right to a Fair Trial 11 Article 8: The Right to Respect for Private Life 12 Article 8: The Right to Respect for Family Life 13 Article 8: The Right to Respect for Home 14 Article 9: Freedom of Thought, Conscience and Religion 15 Article 10: The Right to Freedom of Expression 16 Article 14: Prohibition of Discrimination 17 Article 1 Protocol No 1: Protection of Property