Blackstone's Guide to the Human Rights Act 1998

1. Introduction; Introduction; Human Rights in the United Kingdom before the Human Rights Act; The Incorporation of the Convention; The Human Rights Act as a Constiutional Instrument; Human Rights in the United Kingdom after the Human Rights Act; The Institutional Framework - Creating a Culture of Respect for Human Rights; The Future of Human Rights Protection in the United Kingdom; 2. The Framework of the European Convention on Human Rights; Introduction; Interpreting the Convention; The Scope of Convention Rights; Limitations and Restrictions on Convention Rights; Margin of Appreciation and Discretionary Area of Judgement; 3. The Framework of the Human Rights Act; Introduction; Overview of the Provisions of the Human Rights Act; Summary of the Effects of the Human Rights Act; 4. The Operation of the Human Rights Act; Introduction; The Human Rights Act Mechanism; Exceptions and Special Cases; The Effect of the Convention in Litigation; 5. Bringing a Claim under the Human Rights Act; Introduction; Limitation Periods: Are There Time Limits for Bringing a Claim under the Human Rights Act?; Standing and Interventions: Who May Bring Proceedings under the Human Rights Act?; The Appropriate Forum for an Argument under the Human Rights Act; 6. Human Rights Act Remedies for Breaches of Convention Righs; Introduction; Section 8 - Damages; Section 4 - Declarations of Incompatibility; Section 10 - 'Fast-Track' Procedure; 7. The Interaction between Convention Principles and European Union Law; Introduction; The Developing Doctrine of Fundamental Rights in EU Law; The European Charter of Fundamental Rights; The Interaction of EU Law with Application of Convention Principles in UK Courts; 8. Convention Rights and the Human Rights Act; Introduction; Article 2: Right to Life; Article 3: Prohibition of Torture; Article 4: Prohibition of Slavery and Forced Labour; Article 5: Right to Liberty and Security; Article 6: Right to a Fair Trial; Article 7: No Punishment Without Lawful Authority; Article 8: Right to Respect for Private and Family Life; Article 9: Freedom of Thought, Conscience, and Religion; Article 10: Freedom of Expression; Article 11: Freedom of Assembly and Association; Article 12: Right to Marry; Article 13: Right to an Effective Remedy; Article 14: Prohibition on Discrimination; Article 15: Exceptions in Time of War; Article 16: Restrictions on Political Activity of Aliens; Article 17: Prohibition of Abuse of Rights; Article 18: Limitation on Use of Restrictions on Rights; Protocol 1, Article 1: Protection of Property; Protocol 1, Article 2: Right to Education; Protocol 1, Article 3: Right to Free Elections; Protocol 4; Protocol 7; Protocol 12; Protocol 13; 9. Beyond the Domestic Courts: Taking a Case to Strasbourg; Introduction; The Structure and Jurisdiction of the Court; Making a Complaint; Admissibility; The Merits Stage; Funding for Cases in Strasbourg; 10. Researching Human Rights Jurisprudence; Introduction; Conventional Jurisprudence; Finding Convention Case Law; Finding Human Rights Act Materials; Finding Relevant Materials from other Jurisdictions; Finding other International and Regional Human Rights Materials; APPENDICES; Appendix 1: The Human Rights Act 1998; Appendix 2: The Government's White Paper; Appendix 3: Extracts from Hansard; Appendix 4: European Convention for the Protection of Fundamental Rights and Freedoms; Appendix 5: Charter of Fundamental Rights of the European Union; Appendix 6: Selected Extracts from the Equality Act 2006