The Law of Human Rights
Oxford University Press
9780199258222 (ISBN)
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"The Law of Human Rights" has been highly acclaimed and is quickly establishing itself as the authoritative practitioner text in the field. Written by two leading practitioners, it provides a comprehensive and systematic treatment of human rights law and practice in the UK and offers detailed analysis of the effects of incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998, including an examination of the wider impact of the new regime upon the civil and criminal law more generally. It draws systematically upon European Convention case-law, common law principles and practice, experience from Canada, New Zealand and other jurisdictions, as well as detailed analysis of the new Act itself, to provide essential guidance on how the new law is working in practice, while the annual supplements track the case-law as it is actually decided. The first section deals with the nature of rights, problems of incorporation, the impact of the Convention prior to incorporation and the interpretation of human rights instruments.
The main part of the book consists of a detailed analysis of the rights granted by the Convention, and the effects of their incorporation. Each chapter in this section focuses upon a particular right, and contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to a number of subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners. Each chapter has detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. The book also has a section dealing with remedies and procedure under the Human Rights Act and the procedure for taking cases to the European Court of Human Rights, plus a second volume containing a wide range of relevant materials.
Regular paperback supplements keep the book fully up to date with relevant case-law and related legislation as the implementation of the new Act proceeds. The second supplement, included in this set, brings the main work fully up to date to July 2002 and includes all the relevant case-law as the Human Rights Act continues to be tested in the courts.
VOLUME 1; Foreword by Lord Bingham of Cornhill; Preface; Tables of Cases Legislation, and Treaties; List of Abbreviations; Introduction; PART I: THE BACKGROUND TO THE HUMAN RIGHTS ACT; 1. The Constitutional Protection of Human Rights; 2. The Impact of Unicorporated Human Rights Treaties; PART II: GENERAL PRINCIPLES UNDER THE HUMAN RIGHTS ACT; 3. The Human Rights Act: Interpretation and Synopsis; 4. The Human Rights Act and Statute Law; 5. Human Rights Act and Public Authorities; PART III: THE CONVENTION RIGHTS; 6. General Principles Under the Convention; 7. Right to Life and the Abolition of the Death Penalty; 8. Right not to be Subject to Torture or Inhuman or Degrading Treatment; 9. Freedom from Slavery, Servitude and Forced Labour; 10. The Right to Liberty; 11. Fair Trial Rights; 12. The Right to Respect for Privacy and the Home; 13. The Right to Marry and to Family Life; 14. Freedom of Thought, Conscience and Religion; 15. Freedom of Expression; 16. Freedom of Assembly and Association; 17. Freedom from Discrimination in Relation to Convention Rights; 18. Right to Enjoyment of Possessions; 19. The Right to Education; 20. Electoral Rights; PART IV: REMEDIES AND PROCEDURE; 21. Remedies under the Human Rights Act; 22. Human Rights Act Procedure; 23. Court of Human Rights Procedure; APPENDIX A; Human Rights Act 1998; Index; VOLUME 2; Note on Materials; Table of Admissible Cases before the European Court of Human Rights; APPENDICES; UNITED KINGDOM MATERIALS; The Human Rights Act 1998; Rights Brought Home: The Human Rights Bill (1997) Cm 3782; Rules of Court and Practice Directions Under Human Rights Act; Practice Direction: Devolution Issues (and Crown Office applications in Wales); EUROPEAN MATERIALS; Convention for the Protection of Human Rights and Fundamental Freedoms, with Protocols; European Court of Human Rights: Rules of Court; European Social Charter 1961; UNITED NATIONS MATERIALS; Universal Declaration of Human Rights 1948; Convention Relating to the Status of Refugees 1951; International Convenant on Civil and Political Rights 1966; International Covenant on Economic, Social and Cultural Rights 1966; International Convention on the Elimination of all Forms of Racial Discrimination 1966; Convention on the Elimination of all Forms of Discrimination against Women 1979; Convention on the Rights of the Child 1989; DOMESTIC BILLS OF RIGHTS; Canadian Charter of Rights and Freedoms (Part I, Constitution Act 1982); Constitution of India (Part III, Fundamental Rights, Arts 12 to 35); Irish Constitution (Chapter X11, Fundamental Rights, Arts 40-44); New Zealand Bill of Rights Act 1990; Constitution of the Republic of South Africa 1996 (Chapter 2, Bill of Rights, ss 7-37); Constitution of United States of America: Bill of Rights and Thirteenth to Fifteenth Amendments; Constitution of Zimbabwe (Chapter III, Declaration of Rights, ss 11-26); Select Bibliography
| Erscheint lt. Verlag | 1.4.2003 |
|---|---|
| Co-Autor | Hugh Tomlinson |
| Zusatzinfo | tables, bibliog , index |
| Verlagsort | Oxford |
| Sprache | englisch |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| ISBN-13 | 9780199258222 / 9780199258222 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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