Human Rights Brought Home

Author: Simon Halliday
Publisher: Hart Publishing
ISBN: 1841133884
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What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, while much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action â?? as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

The Cambridge Yearbook Of European Legal Studies

Author: Alan Dashwood
Publisher: Hart Publishing
ISBN: 1841130885
Size: 12.14 MB
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The Cambridge Yearbook of European Legal Studies provides a new forum for the scrutiny of significant issues in European Union Law,the law of the Council of Europe, and Comparative Law with a 'European' dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies & CELS; Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. Each edition will commence with the Mackenzie-Stuart Lecture, established in honour of Lord Mackenzie-Stuart, formerly President of the ECJ, and given each year in the Cambridge Law Faculty. The first Lecturer, in 1997, was Judge G Rodriguez Iglesias, currently President of the ECJ; the second was Mr Jean-Louis Dewost, Director General of the Commission's Legal Service. Their contributions launch Volume 1. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.INDIVIDUAL CHAPTERSPlease click on the link below to purchase individual chapters from Volume 1 through Ingenta Connect:www.ingentaconnect.comSUBSCRIPTION TO SERIESTo place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access.www.hartjournals.co.uk/cyels/subsEditorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Alan Dashwood, Dan Goyder CBE, Rosa Greaves, Bob Hepple, David O'Keefe, Lord Lester of Herne Hill QC, David Vaughan QC, Angela Ward, David Williams Q.C., D.A.Wyatt Q.C.Founding Editors: Alan Dashwood and Angela Ward

Human Rights Law

Author: Merris Amos
Publisher: Bloomsbury Publishing
ISBN: 1782254439
Size: 36.35 MB
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In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. 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; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights as interpreted and applied by United Kingdom 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; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Liberalism And Pluralism

Author: Richard Paul Bellamy
Publisher: Psychology Press
ISBN: 9780415196628
Size: 54.20 MB
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With reference to topical examples, such as the Rushdie affair and the citizen's charter, this study explores the challenges that conflicting values, interests and identities pose to liberal democracy.

Human Rights And Criminal Justice

Author: Ben Emmerson
Publisher: Sweet & Maxwell
ISBN: 1847039111
Size: 69.91 MB
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This work provides a full and systematic analysis of the impact of UK human rights law on both the substantive criminal law and criminal procedure. It examines first the applicable human rights principles before moving on to consider their impact on specific areas, including the investigation of crime, court procedure, and sentencing.

The Human Rights Act And The Assault On Liberty

Author: Parnesh Sharma
Publisher: Nottingham University Press
ISBN: 1908062304
Size: 58.61 MB
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Demonstrating that the state of civil liberties and human rights in the United Kingdom are quite perilous, this case study looks at the role of rights vis-à-vis social change and culture. Empirically examining the Human Rights Act (HRA), with asylum serving as the main case study, the book focuses on law in action, based on extensive fieldwork and framed against current events. It also discusses the role of Section 55—a law enacted at the same time as the HRA that was an antithesis of what the HRA promised and which forced thousands of asylum-seekers into destitution. Though Section 55 was eventually defeated, asylum-seekers in the UK are still powerless and marginalized. The book argues that the HRA has proven to be ineffective against illiberal policies and that the development of a culture of rights, as far as asylum is concerned, has stalled. This thoughtful analysis of the use of rights laws to advance social causes presents both potential and pitfalls, making it useful for sociologists, activists, and nongovernmental organizations.

Work Of The Committee In The 2001 2005 Parliament Nineteenth Report Of Session 2004 05 Report And Annexes Together With Formal Minutes And Appendices

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104006689
Size: 59.55 MB
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In this report the Committee describes and explains the full range of its work over the course of the 2001-2005 Parliament. The Committee distils from its experience a number of suggestions for consideration by its successor committee and recommendations addressed to the Government, in order to enhance the integration of human rights considerations into the overall policy and legislative process. Chapter 2 explains the background to the Committee's establishment. Chapter 3 covers the legislative scrutiny performed by the Committee. The monitoring of the implementation of the Human Rights Act is the subject of chapter 4, while chapter 5 covers work in relation to institutional support for human rights within the UK. The inquiries into the international treaties to which the UK is a party are dealt with in chapter 6, including the Convention on the Rights of the Child, the International Covenant on Economic Social and Cultural Rights, and the Convention on the Elimination of Racial Discrimination. The final chapter describes the work undertaken on monitoring action taken by the Government in response to incompatibilities with Convention rights, arising from Strasbourg judgments and declarations of incompatibility by UK courts.

Monitoring Fundamental Rights In The Eu

Author: Philip Alston
Publisher: Bloomsbury Publishing
ISBN: 1847310052
Size: 47.68 MB
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Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.