The Human Rights Act 1998

What It Means : The Incorporation of the European Convention on Human Rights Into the Legal Order of the United Kingdom

Author: Lammy Betten

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110855

Category: Political Science

Page: 322

View: 9987

5. A Conference Book.

Human Rights Brought Home

Socio-legal Perspectives on Human Rights in the National Context

Author: Simon Halliday,Patrick Delbert Schmidt

Publisher: Hart Publishing

ISBN: 1841133884

Category: Law

Page: 278

View: 4859

What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, while much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action â?? as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

Jacobs, White & Ovey: The European Convention on Human Rights

Author: Robin C A White,Clare Ovey

Publisher: Oxford University Press

ISBN: 0199543380

Category: Law

Page: 644

View: 472

Fifty years after the founding of the European Court of Human Rights it has dispensed more than 10,000 judgments and affects the lives of over 800 million people. The fifth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides a clear and concise explanation of this increasingly important area of the law. Examining each of the Convention rights in turn, this book lays out the key principles relevant to both Human Rights students and practitioners. Fully updated with all the significant developments of the last four years, it offers a valuable synthesis of lively author commentary and carefully selected case law. By focussing on the European Convention itself rather than its implementation in any one member state this text may be counted as essential reading for all those interested in the work of the Strasbourg organs, while a revised structure ensures the book now maps even more closely to European Human Rights courses. The European Convention on Human Rights offers an accessible overview of Convention law and practice for scholars, lawyers and policy makers. It offers a comprehensive understanding of the work of the Strasbourg Court in interpreting and applying the Convention.

The Human Rights Act and the Criminal Justice and Regulatory Process

Author: J. Beatson

Publisher: Hart Publishing

ISBN: 1841130508

Category: Law

Page: 159

View: 3302

The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume,arising from the second Cambridge Centre for Public Law conference consider the Act's impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection.Contributions from many of the country's leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

The Future of Remedies in Europe

Author: Tonia Novitz,Claire Kilpatrick,Paul Skidmore

Publisher: Hart Publishing

ISBN: 1841130826

Category: Law

Page: 303

View: 1518

"Contributions ... have evolved from papers presented at the fifth EU/International Law Forum held by the Law Department of the University of Bristol in May 1999"--Foreword.

Q&A English Legal System 2013-2014

Author: Gary Slapper,David Kelly

Publisher: Routledge

ISBN: 0415503566

Category: LAW

Page: 274

View: 7694

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

Mental Health and Scots Law in Practice

Author: Jim J. McManus,Lindsay D. G. Thomson

Publisher: Sweet & Maxwell

ISBN: 0414014758

Category: Mental health laws

Page: 275

View: 3529

Presents an account of the legal issues relevant to Scottish psychiatric practice, explaining how the Scottish legal system deals with mental health issues, and outlines psychiatric care systems. Meant for those involved with mental health and the law in Scotland, this title provides analysis of the Mental Health legislation.

HL 106, HC 594 - Violence Against Women and Girls

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

ISBN: 0108557618

Category: Business & Economics

Page: 111

View: 334

The Government's progressive work on tackling violence against women and girls abroad is not translating into its domestic policy, despite its Violence against Women and Girls Action Strategy and the Home Secretary's personal commitment to the issue. The Committee warns that failure to provide adequate refuge spaces and specialist services for victims of violence against women and girls demonstrates the difficulty for the Government in fulfilling its international obligations under the Convention when decisions over commissioning of certain services has been devolved. The Committee also expresses alarm at the prevalence of violence against women and girls across many cultures in the UK today, and heard troubling evidence from many minority groups that represent women with particular needs. The portrayal of women as victims of violence is deeply embedded in cultural stereotypes, in the depiction of women in the media and in how women are treated in the asylum system. This has to stop The Committee's recommendations include that: schools should play a greater role and include issues of violence against women and girls within the PSHE curriculum; whilst the Government has taken steps to engage with the media and with public awareness campaigns to counteract the sexualised portrayal of women, noting that the BBC declined invitations to give evidence to this inquiry, the media themselves should do more; the Government look again at the payment of universal credit to couples because of its concerns that it could put women subject to domestic violence at risk.

Labour Law in Great Britain

Author: Stephen T. Hardy,Stephen Hardy

Publisher: Kluwer Law International

ISBN: 9041134557

Category: Law

Page: 336

View: 9234

Historically, Great Britain was the 'workshop of the world', as an exporter of labour. As liberal capitalism grew from the 1850s, the great British regulatory frameworks also began in the workplace. Consequently, since the 1960s employers, employees and their representatives alike have sought to understand, clarify and utilize the principles which make up labour law in the British workplace. This monograph, part of the renowned International Encyclopaedia on Industrial Relations & Labour Law series, provides an analysis of the facets of laws governing the workplace in Great Britain. Whilst examining both UK Governmental employment initiatives and the EU's pervasive social policies, a pathway guiding the reader towards the underlying notions, concepts and principles will be given. More significantly, an explanation of the phases of labour law from the laissez-faire to the regulatory, to the decentralized and towards more recently, Blair's vision of 'third way' solutions, including new dispute resolution regimes, shall be provided. However, more importantly during this journey, the reader will be exposed to the contemporary key issues in British labour: who is an employee?; what contractual rights/obligations exist?; what forms of discrimination prevail?; how are employees safeguard from dismissal?; what collective rights are permitted?; and, what forms of legal redress apply? To that end, this edition covers the reforms brought about by the Dispute Resolution Regulations 2004 (brought in compliance with the Employment Act 2002), the Disability Discrimination (Amendment) Act 2006, the Children & Families Act 2006, the revised Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Employment Equality (Age Discrimination) Regulations 2006. Above all, what will be demonstrated is that in terms of labour law, Great Britain stands apart in its approach, principles and common law system handling strife in the workplace. Author: Stephen Hardy LLB PhD FRSA MCIArb is an internationally recognized scholar; practising Barrister; government advisor; arbitrator; and lecturer/commentator/trainer in labour law.

Current Problems in the Protection of Human Rights

Perspectives from Germany and the UK

Author: Katja S Ziegler,Peter M Huber

Publisher: Bloomsbury Publishing

ISBN: 1782250891

Category: Law

Page: 276

View: 7311

While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Judicial Lawmaking and Administrative Law

Author: Frits Stroink

Publisher: Intersentia nv

ISBN: 9050954634

Category: Law

Page: 328

View: 4210

The book before carries a broad title. In the Dutch literature, the terms lawfinding and lawmaking are often used interchangeably. From a legal point of view, however, it makes quite a difference to the position of the court whether lawfinding or lawmaking is meant. Why write a book about lawmaking by the courts just in the area of administrative law? In administrative law, the administration is positioned between the legislature and the judiciary. The courts review decisions taken by the administration in implementing the law; however, where the administration has often been granted a degree of discretion, the courts access the lawfulness of the decision. The relation administration-judiciary raises so many specific questions that it justifies a book on judicial lawmaking in administrative matters. The authors are all members of the research program Public Law of the Ius Commune School.

Human Rights and the Criminal Justice System

Author: Anthony Amatrudo,Leslie William Blake

Publisher: Routledge

ISBN: 1135145512

Category: Law

Page: 182

View: 2837

We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

The UK and European Human Rights

A Strained Relationship?

Author: Katja S Ziegler,Elizabeth Wicks,Loveday Hodson

Publisher: Bloomsbury Publishing

ISBN: 150990199X

Category: Law

Page: 480

View: 5141

The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Introduction to the English Legal System 2013-2014

Author: Martin Partington

Publisher: Oxford University Press

ISBN: 0199670536

Category: Law

Page: 344

View: 4481

Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Written in a highly engaging and accessible style, it introduces students to the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and critiquing current debates.

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: Oxford University Press, USA

ISBN: 0199683735

Category: Law

Page: 464

View: 5202

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

Mayes' Midwifery E-Book

A Textbook for Midwives

Author: Sue Macdonald

Publisher: Elsevier Health Sciences

ISBN: 0702045969

Category: Medical

Page: 1084

View: 497

Mayes’ Midwifery, an established key textbook for students and qualified midwives, contains essential knowledge for professional practice. For this 14th edition, each section and chapter has been fully updated and enhanced by leading authors to ensure the text complies with contemporary practice and current guidelines. Added benefits are the availability of a variety of additional online resources for each chapter, including case studies, video and website links, and a bank of multiple-choice questions to test knowledge. With a strong emphasis on normal birth, the book covers the spectrum of midwifery-related topics applied to practice, providing a foundation of knowledge, and encouraging independent thought through the use of reflective exercises in each chapter and online. The book provides midwives with material that meets individual ways of learning and supports current modes of midwifery education. Mayes’ Midwifery is the text for initial preparation and for ongoing midwifery practice. New chapters on essential contemporary issues: Vulnerable women Perspectives on the future of midwifery, in a global context Evidence-based information to guide best practice Learning outcomes and Key Points in all chapters Reflective activities Now with an integrated website offering additional resources and material including: Multiple-choice questions for self-testing Case studies Reflective activities to consolidate your professional development Useful additional reading, resources and weblinks Expanded topics Downloadable materials including illustrations

Blackstone's Statutes on Public Law and Human Rights 2013-2014

Author: Robert Gregory Lee,Peter Wallington

Publisher: Oxford University Press

ISBN: 0199678596

Category: Law

Page: 559

View: 8708

Market-leading and first choice with students and lecturers, Blackstone's Statutes have a 25-year tradition of trust and quality unrivalled by others, and a rock-solid reputation for accuracy, reliability, and authority. Relied on by students in exams and for course use since 1987; they set the standard by which other statute books are measured.

Blackstone's Statutes on Public Law & Human Rights 2014-2015

Author: R. G. Lee

Publisher: Oxford University Press, USA

ISBN: 0198709471

Category: Political Science

Page: 567

View: 8083

Blackstone's Statutes have a 25-year tradition of trust and quality unrivalled by other statute books, and a rock-solid reputation for accuracy, reliability, and authority. Content is extensively reviewed to ensure a close map to courses. Blackstone's Statutes lead the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes are the original and best; setting the standard by which other statute books are measured. Each title is: * Trusted: Ideal for exam use * Practical: Find what you need instantly * Reliable: Current, comprehensive coverage * Relevant: Content based on detailed market feedback Visit a href="http://global.oup.com/uk/orc/law/statutes/"www.oxfordtextbooks.co.uk/orc/statutes//a for accompanying online resources created with the assistance of the Statute Law Society including videos on how to interpret statutes and how legislation is made. The Online Resource Centre for this book also provides web links, case law updates and details of recent legislation and government bills.

The Governance of Britain

Managing Protest Around Parliament

Author: Great Britain. Home Office

Publisher: The Stationery Office

ISBN: 9780101723527

Category: Law

Page: 29

View: 9103

The right to peaceful protest is a key part of a democratic society, particularly in the vicinity of Parliament given that it is the seat of our elected representatives. Following on from a Green Paper (Cm. 7170, ISBN 9780101717021) published in July 2007, this consultation paper seeks views on the framework governing the right to protest around Parliament, looking at the wider context of legislation governing protests and demonstrations in England and Wales. It considers the general legislative framework for public protests, such as assemblies and marches, under the Public Order Act 1986, the Serious Organised Crime and Police Act 2005, the Human Rights Act 1998 and the European Convention on Human Rights. It also looks at arguments in favour of having specific rules governing the area around Parliament, including security concerns. The consultation process ends on 17/01/2008.