
Advocacy and Human Rights Act
Philip Plowden(Author)
Birkbeck Law Press
1st Edition
Book
Paperback/Softback
336 pages
978-1-85941-690-7 (ISBN)
Description
The Human Rights Act 1998 was fully implemented in October 2000,and since then it has become clear how fundamentally the Act will challenge all aspects of our legal system. As Sir Stephen Sedley said in his 2000 Eldon lecture: the courts are going to be dependent as never before on the advocates who come before them for knowledgeable and balanced argument about the Convention.
This book provides advocates with a guide to the preparation and presentation of Convention-based arguments before domestic courts and tribunals. It analyses recent domestic and Strasbourg case law and sets out points for advocates covering the different issues which may need to be addressed in each area. The book shows advocates how to provide courts with structured and effective guidance on the application of the Human Rights Act, ensuring that they are able to identify and to promote human rights arguments in advancing their clients case.
This book provides advocates with a guide to the preparation and presentation of Convention-based arguments before domestic courts and tribunals. It analyses recent domestic and Strasbourg case law and sets out points for advocates covering the different issues which may need to be addressed in each area. The book shows advocates how to provide courts with structured and effective guidance on the application of the Human Rights Act, ensuring that they are able to identify and to promote human rights arguments in advancing their clients case.
More details
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Professional and scholarly
Professional Reference
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-85941-690-7 (9781859416907)
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
Person
Philip Plowden is a barrister and solicitor and is Director of Professional Studies at the School of Law of the University of Northumbria. Kevin Kerrigan is a solicitor and is Director of the Centre for Human Rights Practice at the School of Law. Both authors have a long-standing involvement with Human Rights Act training at both national and regional levels.
Content
The judicial climate for advocates; identifying a human rights issue for the court; what should the court do once a human rights issue is raised?; helping the court - structured HRA decision-making; the HRA in practice in your advocacy - criminal applications; the HRA in practice in your advocacy - civil applications; the HRA in practice in your advocacy - witness handling; dealing with margin of appreciation arguments; citing Strasbourg cases - CPR PD 39.