The Law of Human Rights
Richard Clayton(Author)
Oxford University Press
Published on 1. December 2000
Book
Hardback
1400 pages
978-0-19-826223-7 (ISBN)
Description
This practitioner text provides treatment of human rights law and practice in the UK, including detailed analysis of the impact of the incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998. The main part of the book consists of an 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.
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.
More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Professional and scholarly
Illustrations
bibliography, index, tables
ISBN-13
978-0-19-826223-7 (9780198262237)
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Schweitzer Classification
Persons
Content
Part I The background to the Human Rights Act: the rights controversy; incorporation issues; the impact of the convention before incorporation; interpretation of rights instruments. Part II General principles under the Human Rights Act: human rights and public authorities; human rights, statute law and the common law. Part III The Convention Rights (in each case covering: the nature of the right; the right in English law; the law under the Convention; the impact of the Human Rights Act; comparison with the law in Canada, New Zealand and elsewhere): general principles; right not to be deprived of life; right not to be subjected to torture or inhuman or degrading treatment; right not to be subjected to slavery or forced labour; right to liberty; right to privacy; right to family life; rights in relation to legal process; freedom of thought, conscience and religion; freedom of expression; freedom of assembly and association; freedom from discrimination; right to enjoy possessions; right to education; electoral rights. Part IV Remedies and procedure: the remedies under the Act; procedure under the Act; applications to the Court of Human Rights. Appendices: The Human Rights Act 1998; The European Convention on Human Rights with Protocols; The Canadian Charter; The New Zealand Bill of Rights Act; The Universal Declaration of Human Rights; The International Covenant on Civil and Political Rights.