Judicial Review, Socio-Economic Rights and the Human Rights Act
Published on 21. April 2009
Book
Paperback/Softback
379 pages
978-1-84113-976-0 (ISBN)
Description
In the UK during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. The substantive focus of the book is on developments in the constitutional law of the UK but the book also addresses key issues of theoretical human rights and international and comparative constitutional law. This paperback version includes a new preface by Ellie Palmer. "...much more than a factual exposition of the recent case law...an interesting and educational read which will undoubtedly deepen the reader's understanding of the complexities and trends in this fascinating and continually developing area of law."
Samantha Broadfoot, Judicial Review "a well written, accessible and fascinating insight into the development of socio-economic rights and a welcome contribution to an important debate." Les Allamby, Frontline
Samantha Broadfoot, Judicial Review "a well written, accessible and fascinating insight into the development of socio-economic rights and a welcome contribution to an important debate." Les Allamby, Frontline
Reviews / Votes
...this well-written and very informative book is a valuable addition to the rapidly growing body of literature on economic and social rights adjudication under the Human Rights Act 1998 (HRA) and, more generally, the European Convention on Human Rights (ECHR)...the author deals excellently with a wide range of case law and issues and the book is essential reading for those working on the protection of socio-economic rights in the UK and other jurisdictions where such rights have been afforded protection through the judicial application of civil and political rights. More generally, those with an interest in the operation of the HRA and the key debates surrounding that instrument will also gain much from this work. Aoife Nolan European Human Rights Law Review Issue 1, 2009 ...this book is much more than a factual exposition of the recent case law. The interest in this book lies in the breadth of the context in which her analysis is placed...an interesting and educational read which will undoubtedly deepen the reader's understanding of the complexities and trends in this fascinating and continually developing area of law. Samantha Broadfoot Judicial Review Vol 13:2, 2008 ...a well written, accessible and fascinating insight into the development of socio-economic rights and a welcome contribution to an important debate. Les Allamby Frontline Spring 2008 ...a valuable and timely contribution to this growing field...one of the strengths of Palmer's book is that her analysis is contextualised within a discussion of broader political and economic issues...a clear, lucid and detailed discussion that will be of use to all those interested in this growing and dynamic field. Murray Wesson Public Law 2009 The strengths of this work include its breadth of coverage, extensive footnoting to a wide range of materials from numerous jurisdictions and the author's clear exposition. Alastair Mowbray European Public Law Volume 14, Issue 4, 2008 ...a detailed account of how some social rights are enforced...Although Palmer's study is one of social rights protection under the Human Rights Act, it begins with valuable accounts of the debate about how best to protect social rights, dealing with a number of familiar arguments...The evidence provided by Palmer creates a real and serious challenge for those of us whose project is to advance the cause of social rights... Keith D. Ewing International Journal of Constitutional Law 2009 7(1)More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 21 mm
Weight
588 gr
ISBN-13
978-1-84113-976-0 (9781841139760)
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Schweitzer Classification
Other editions
Additional editions
E-Book
08/2007
1st Edition
Hart Publishing
€48.49
Available for download
Previous edition
Book
08/2007
Hart Publishing
€119.20
Article exhausted; check for reprint
Person
Ellie Palmer is a Senior Lecturer in the Department of Law at the University of Essex.
Content
INTRODUCTION 1 THE ROLE OF COURTS IN THE PROTECTION OF SOCIO-ECONOMIC RIGHTS: INTERNATIONAL AND DOMESTIC PERSPECTIVES I. The Indivisibility of Human Rights II. The Protection of Socio-economic Rights in Domestic Courts III. Conclusion 2 THE REGIONAL PROTECTION OF SOCIO-ECONOMIC RIGHTS: EUROPE I. Introduction II. The European Convention on Human Rights (ECHR) 1950 III. The Protection of Socio-economic Rights in the ECHR IV. The Protection of Socio-economic Rights in EC/EU Law V. Conclusion 3 COURTS, THE UK CONSTITUTION AND THE HUMAN RIGHTS ACT 1998 I. Introduction II. Reading and Giving Effect to ECHR Rights in UK Courts III. Conclusion 4 JUDICIAL REVIEW: DEFERENCE, RESOURCES AND THE HUMAN RIGHTS ACT I. Introduction II. The Constitutional Foundations of Judicial Review III. Public Law, Deference and the Human Rights Act IV. Conclusion 5 FROM NEED TO 'CHOICE' IN PUBLIC SERVICES: THE BOUNDARIES OF JUDICIAL INTERVENTION IN PRIORITISATION DISPUTES I. Introduction II. NHS Rationing: The Role of Courts in Disputes over Access to Medical Services III. Local Authority Resource Allocation Disputes IV. Interpreting Local Authority Statutory Duties Post-HRA V. Conclusion 6 ARTICLES 3 AND 8 ECHR: FAILURE TO PROVIDE AND POSITIVE OBLIGATIONS IN THE SOCIO-ECONOMIC SPHERE I. Introduction II. Anufrijeva, Article 8 ECHR and Maladministration in the Provision of Welfare III. Article 3 ECHR: Respect for Dignity IV. Conclusion 7 ARTICLE 14 ECHR AND THE UNEQUAL DISTRIBUTION OF PUBLIC GOODS AND SERVICES IN THE UNITED KINGDOM I. Introduction II. Socio-economic Entitlements and the Limits of Substantive Fairness in Article 14 ECHR III. Carson's Case: Refusal of Up-rated Payments to Pensioners Abroad 283 IV. Reynolds' Case: The Intensity of Scrutiny in Other 'Status Disputes' V. Equality and Human Rights VI. Conclusion 8 ARTICLE 6 ECHR: JUDICIAL REVIEW, DUE PROCESS AND THE PROTECTION OF SOCIO-ECONOMIC RIGHTS I. Introduction II. What is a Civil Right for the Purposes of Article 6 ECHR? III. The Quality of Administrative Justice: The Scope of Article IV. Conclusion