Delivering Rights

How the Human Rights Act is Working and for Whom

Jeffrey Jowell, Jonathan Cooper (Herausgeber)

Buch | Softcover

221 Seiten

2003
Hart Publishing (Verlag)
978-1-84113-287-7 (ISBN)

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As is well known the Human Rights Act 1998 (HRA) 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 (Hart Publications 2001) is the culmination of a six-month project where key elements of the HRA were analysed and subjected to detailed scrutiny by expert practitioners and academics. The result is seven chapters of the highest quality which examine the following subjects including the reach of the Act and its jurisdictional scope and how to strike the balance under the HRA between interpretation and incompatibility. Two chapters look at remedies for breach of human rights. The first under the HRA and the second using Community law principles. The text then goes on to consider assessment of fact, due deference, and the wider impact of the Human Rights Act in administrative law. It then asks what is public power? And looks at the courts' approach to the public authority definition under the Act.
Finally access to court under the Human Rights Act is examined including standing, legal assistance and third party intervenors. The book's contributors are the leading experts in the field including Dinah Rose, Nathalie Lieven, Janet Kentridge, Kate Markus, Richard Clayton QC, Peter Roth QC, and Tim Owen QC. It 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.

Jeffrey Jowell QC is Professor of Public Law and Dean of the Faculty of Laws at University College London and a practising Barrister at Blackstone Chambers. Jonathan Cooper is a Barrister at Doughty Street Chambers.

Introduction
Jeffrey Jowell KC and Jonathan Cooper

The Reach of the Human Rights Act 1998: Its Jurisdictional Scope
Janet Kentridge

Interpretation and Incompatibility: Striking the Balance
Dinah Rose and Claire Weir

Fair Trial Rights, Due Deference and the Wider Impact of the Human Rights Act in Administrative Law
Tim Owen KC

What is Public Power: The Courts’ Approach to the Public Authority Definition Under the Human Rights Act
Kate Markus

Access to the Court Under the Human Rights Act: Standing, Third Party Intervenors and Legal Assistance
Nathalie Lieven and Charlotte Kilroy

Remedies for Breach of Human Rights: Does the Human Rights Act Guarantee Effective Remedies?
Richard Clayton KC

Remedies Under the Human Rights Act: A Community Law Perspective
P. M. Roth KC

Erscheint lt. Verlag	13.11.2003
Reihe/Serie	The Justice Series - Putting Rights into Practice
Verlagsort	Oxford
Sprache	englisch
Maße	138 x 216 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Sozialwissenschaften ► Politik / Verwaltung
ISBN-10	1-84113-287-X / 184113287X
ISBN-13	978-1-84113-287-7 / 9781841132877
Zustand	Neuware