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Understanding Human Rights Principles : Justice Series: Putting Rights into Practice - BLOOMSBURY ACADEMIC

Understanding Human Rights Principles

Justice Series: Putting Rights into Practice

Paperback Published: 30th April 2001
ISBN: 9781841131696
Number Of Pages: 211

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Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive, informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.

Among the plethora of offerings, this brief volume makes a distinctive, and distinguished contribution. many sensitive and informed reflections in this slim volume. The authors' experience gives their discussions a practical aspect which will be of particular benefit to practitioners. P. M. Roth Q.C., Monkton Chambers European Human Rights Law Review May 2001 ...another excellent addition to the JUSTICE series 'Putting Rights into Practice' Susan Nash, University of Westminster New Law Journal May 2001 ...the text covers some essential issues in a comprehensive and stimulating fashion, giving the reader the benefit of each authors vast experience in the specific area and allowing him or her to reflect on the possible application of these issues in practice. [It] will provide the student with an excellent opportunity to become acquainted with the exhaustive case law surrounding these issues and to understand the basic arguments relating to the determination of human rights disputes. Understanding HR Principles is another excellent addition to the very impressive series of texts on human rights and public law in the Hart series. Steve Foster The Law Teacher February 2003

Forewordp. vii
List of Contributorsp. ix
Introductionp. 1
The concept of a lawful interference with fundamental rightsp. 5
Overviewp. 5
The Convention Meaning of "Prescribed by Law"p. 7
Areas of Potential Change in English Lawp. 19
Identifying the principles of proportionalityp. 27
Introductionp. 27
Proportionality: Suggested Principlesp. 28
Wednesbury Reviewp. 29
Luxembourg Reviewp. 37
Strasbourg Reviewp. 49
Constitutional Reviewp. 60
Intensive Domestic Reviewp. 65
Human Rights Act Reviewp. 77
Proportionality Under the 1998 Act: Suggested Rulesp. 87
Determining civil rights and obligationsp. 91
The Gateway to Article 6.1 Protectionp. 91
The Context of Incorporationp. 92
"Contestation"p. 93
"Arguable" Rightsp. 95
Determinationp. 96
Civil Rights as "Private Rights"?p. 100
"Recognised" by Domestic Lawp. 121
Positive obligations under the Conventionp. 139
Introductionp. 139
The Theoretical Basis for Positive Obligationsp. 140
The Scope of Positive Obligations Under the Conventionp. 146
The Duty to Put in Place a Legal Framework Which Provides Effective Protection for Convention Rightsp. 147
The Duty to Prevent Breaches of Convention Rightsp. 150
The Duty to Provide Information and Advice Relevant to a Breach of Convention Rightsp. 154
The Duty to Respond to Breaches of Convention Rightsp. 156
The Duty to Provide Resources to Individuals Whose Convention Rights are at Stakep. 157
The Relationship Between Positive and Negative Obligationsp. 158
Conclusionp. 159
The "horizontal effect" of the Human Rights Act: moving beyond the public-private distinctionp. 161
Introductionp. 161
The Range of Opinionsp. 163
Commonwealth Comparisonsp. 167
The Inappropriateness of the Geometric Metaphorp. 172
How Should the Common Law be Rendered Compatible?p. 175
The place of the Human Rights Act in a democratic societyp. 179
The Political and Philosophical Background to the Relationship Between Fundamental Human Rights and Democracyp. 179
The Principles in the Case-Law of the European Court of Human Rights on the Relationship Between Democracy and Human Rightsp. 186
The Human Rights Act: a Democratic Bill of Rightsp. 195
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841131696
ISBN-10: 1841131695
Series: Justice Series: Putting Rights into Practice
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 211
Published: 30th April 2001
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 20.96 x 13.97  x 1.91
Weight (kg): 0.3
Edition Number: 1