Critically Examining the Case Against the 1998 Human Rights Act
A Critical Assessment
1st Edition
Published on 18. September 2017
Book
Hardback
236 pages
978-1-138-22382-0 (ISBN)
Description
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.
More details
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 17 mm
Weight
526 gr
ISBN-13
978-1-138-22382-0 (9781138223820)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
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Frederick Cowell
Critically Examining the Case Against the 1998 Human Rights Act
Book
03/2019
1st Edition
Routledge
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Frederick Cowell
Critically Examining the Case Against the 1998 Human Rights Act
A Critical Assessment
E-Book
09/2017
1st Edition
Routledge
€64.49
Available for download
Frederick Cowell
Critically Examining the Case Against the 1998 Human Rights Act
A Critical Assessment
E-Book
09/2017
1st Edition
Routledge
€64.49
Available for download
Person
Frederick Cowell is a Lecturer in Law at the School of Law, Birkbeck College, University of London
Content
Introduction
Defining and understanding the case against the Human Rights Act
FREDERICK COWELL
PART I: The Historical Roots of the case against the Human Rights Act
The Magna Carta's Tainted Legacy: Historic Justifications for a British Bill of Rights and the case against the Human Rights Act
COLIN MURRAY
England's terror of the French Revolution: the historical roots of resistance to the rights of man and the case against the Human Rights Act
BILL BOWRING
PART II: Sovereignty
An Ingenious Failure? The Human Rights Act and Parliamentary Sovereignty
STEPHEN J. DIMELOW
Dialogue or Dictat?: The nature of the interaction between national courts and the European Court of Human Rights and how it influences criticism of the Human Rights Act
KANSTANTSIN DZEHTSIAROU
Taking Sovereignty Seriously
ADAM TUCKER
PART III: Controversial Claimants under the Human Rights Act
Terrorist threats, Anti-Terrorism and the case against the Human Rights Act
CONOR GEARTY
Deportation and the Human Rights Act: Debunking the Myths
SIOBHAN LLOYD
Welfare, Anti-austerity and Gender: New territory and new sources of hostility for the Human Rights Act
LAURA LAMMASNIEMI
PART IV: The structural basis of hostility to the Human Rights Act
Moving away from common sense: the impact of the juridification of human rights
NICOLAS KANG-RIOU
'Why should criminals have human rights?': The underserving rights holder and the case against the Human Rights Act
FREDERICK COWELL
The failure of the Human Rights Act to construct a 'rights culture' in the UK
TRUDY MORGAN
Defining and understanding the case against the Human Rights Act
FREDERICK COWELL
PART I: The Historical Roots of the case against the Human Rights Act
The Magna Carta's Tainted Legacy: Historic Justifications for a British Bill of Rights and the case against the Human Rights Act
COLIN MURRAY
England's terror of the French Revolution: the historical roots of resistance to the rights of man and the case against the Human Rights Act
BILL BOWRING
PART II: Sovereignty
An Ingenious Failure? The Human Rights Act and Parliamentary Sovereignty
STEPHEN J. DIMELOW
Dialogue or Dictat?: The nature of the interaction between national courts and the European Court of Human Rights and how it influences criticism of the Human Rights Act
KANSTANTSIN DZEHTSIAROU
Taking Sovereignty Seriously
ADAM TUCKER
PART III: Controversial Claimants under the Human Rights Act
Terrorist threats, Anti-Terrorism and the case against the Human Rights Act
CONOR GEARTY
Deportation and the Human Rights Act: Debunking the Myths
SIOBHAN LLOYD
Welfare, Anti-austerity and Gender: New territory and new sources of hostility for the Human Rights Act
LAURA LAMMASNIEMI
PART IV: The structural basis of hostility to the Human Rights Act
Moving away from common sense: the impact of the juridification of human rights
NICOLAS KANG-RIOU
'Why should criminals have human rights?': The underserving rights holder and the case against the Human Rights Act
FREDERICK COWELL
The failure of the Human Rights Act to construct a 'rights culture' in the UK
TRUDY MORGAN