Freedom of expression - particularly freedom of speech - is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories, such as those of justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the...

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...