Blackstone's Guide to the Human Rights Act 1998

6. Auflage 2011
ISBN: 978-0-19-969700-7
Verlag: Oxford University Press

Buch, Englisch, 480 Seiten, Format (B × H): 143 mm x 228 mm, Gewicht: 707 g

Reihe: Blackstone's Guides

New edition of this celebrated guide to an important piece of legislation, written by leading experts in the field
Provides a clear and concise explanation of how the European Convention and Human Rights Act 1998 work and have been applied by the courts
Highlights key European and domestic cases on human rights
Summarizes the interpretative techniques and procedures that lawyers need to understand to bring a human rights claim
Contains a copy of the Human Rights Act 1998 as amended, and the European Convention for the Protection of Fundamental Rights and Freedoms

New to this edition

Analyses the government's proposals on a Commission for a Bill of Rights and possible changes to the Human Rights Act
Considers the developing contradictions between the jurisprudence of the ECHR and domestic authorities
Covers the Strasbourg procedures, implementation of Protocol 14 on improving the efficiency of the European Court, as well as the possible implementation of further rights
Explains the relationship between the European Convention and the new EU Charter of Fundamental Rights
Includes coverage of all significant cases in the European Court, Court of Appeal, and Supreme Court, including in the areas of privacy (MGN v UK), extradition (Norris v United States of America), criminal law (R v Horncastle), voting rights (Greens v UK,) and housing (Manchester City Council v Watts)

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Blackstone's Guide to the Human Rights Act 1998 provides clear, concise coverage of the operation and application of the Human Rights Act 1998, discussing the successes and failures of the Act and the debate surrounding its possible eventual replacement with a Bill of Rights.

The Guide assesses the case law of the European Court and analyses the impact of Convention rights in landmark domestic judgements across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights, and maps the UK and Strasbourg courts' divergence in approach to certain areas of human rights protection. It also highlights the aspects of the Act that the courts have not yet clarified.

The new edition of this popular Guide considers all relevant developments since the publication of the previous edition, including the government's proposals on a Commission for a Bill of Rights and possible changes to the Human Rights Act, and the developing contradictions between the jurisprudence of the European Court of Human Rights and domestic authorities.

It also covers the Strasbourg procedures, implementation of Protocol 14 on improving the efficiency of the European Court, as well as the possible implementation of further rights. It explains the relationship between the European Convention and the new EU Charter of Fundamental Rights and includes coverage of all significant cases in the European Court, Court of Appeal, and Supreme Court, including in the areas of privacy (MGN v UK), extradition (Norris v United States of America), criminal law (R v Horncastle), voting rights (Greens v UK), and housing (Manchester City Council v Watts).

The book contains a copy of the Human Rights Act 1998 as amended, and the European Convention for the Protection of Fundamental Rights and Freedoms.

Zielgruppe

Solicitors and barristers (not just specialist human rights practitioners, but also general practitioners); law teachers; students; and local authority users.

Autoren/Hrsg.

Wadham, John

Mountfield QC, Helen

Prochaska, Elizabeth

Brown, Christopher

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

1: Introduction
2: The Framework of the European Convention on Human Rights
3: The Framework of the Human Rights Act
4: Enforcing the Human Rights Act
5: The Interaction between Convention Principles and European Law
6: The Convention Rights: Absolute Rights
7: The Convention Rights: Limited and Qualified Rights
8: The Convention Protocols
9: Beyond the Domestic Courts: Taking a Case to Strasbourg
10: Researching Human Rights Jurisprudence
APPENDICES
Appendix 1: Human Rights Act 1998 (as amended)
Appendix 2: European Convention for the Protection of Fundamental Rights and Freedoms

Über Autor(innen)

John Wadham is the Group Legal Director of the Equality and Human Rights Commission (EHRC), a solicitor, and a recognized expert on human rights and equality. He has acted for clients in most of the courts and tribunals in this country, including the Court of Appeal and House of Lords, and has also specialized in cases before the European Commission and Court of Human Rights in Strasbourg. He is the co-author of the Blackstone's Guide to the Equality Act, Blackstone's Guide to the Freedom of Information Act and Blackstone's Guide to the Identity Cards Act. John was also a member of the Government's Human Rights Act Task Force. Before moving to the EHRC John spent four years as the full time Deputy Chair of the Independent Police Complaints Commission. John was previously the Director of Liberty (the human rights organization) where he lobbied for a body like the EHRC for many years.

Helen Mountfield QC is a barrister at Matrix Chambers. Helen focuses primarily on public law, but also has a substantial practice in employment law, election law, and information law. Issues of human rights, discrimination, and EU law intersect across her whole practice.

Elizabeth Prochaska is a barrister at Matrix Chambers, where she focuses on human rights and public law.

Christopher Brown is a barrister at Matrix Chambers. He specializes in competition law, general EU law and public law, in all of which areas of human rights points frequently arise.