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: 2723

5. A Conference Book.

What in your opinion, has been the most significant impact of the incorporation of Human Rights legislation into British law?

Author: Karsten Keilhack

Publisher: GRIN Verlag

ISBN: 3638261271

Category: Law

Page: 25

View: 6542

Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 62%, Cardiff University (Großbritannien; Law School), course: English Legal System, language: English, abstract: The most important piece of British legislation with regard to Human Rights is undoubtedly the Human Rights Act 1998. The Act, in force since 2 October 2000, incorporated the European Convention on Human Rights1 into British law and constitutes one of the most controversial legislative creations enacted by the Westminster Parliament in its impressive history. Rancorous opponents have described the Act as a “plot to undermine Parliament and make Britain subservient to the European Union”, nothing more than a “complainers charter” and a “bonanza for lawyers.”2 Proponents counter and say that the 1998 Act will advance the cause of liberty and check the power of Britain’s over-mighty executive.3 Whatever the reader considers to be true, it is indisputable that the Human Rights Act 1998 is a huge constitutional innovation with a crucial impact on Britain’s legal system. Consequently, the present Lord Chancellor, Lord Irvine of Lairg, called it “a constitutional landmark” which “would be a point of reference for generations to come.”4 This essay will identify and analyse the most significant affects of Britain’s new human rights legislation. For that purpose it is first necessary to outline the historical development of human rights in the United Kingdom and to describe how these rights could have been enforced before the Human Rights Act 1998 came into force (Part A.) When considering this, attention will also be drawn to Britain’s political environment and its role in the development of international human rights instruments. Part B of this paper is then concerned with the question, of the approach taken by the British government in incorporating the ECHR, and how the concept of the Human Rights Act 1998 works in practice. The most significant impacts of the new Act will be examined in Part C.

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: 2782

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.

Annuaire Europeen 1999/European Yearbook 1999

Author: Francis Rosenstiel,Edith Lejard-Boutsavath,Jean-Jacques Martz

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116772

Category: Political Science

Page: 1

View: 588

The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions.

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: 5744

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: University of Cambridge. Centre for Public Law

Publisher: Hart Publishing

ISBN: 1841130508

Category: Law

Page: 159

View: 9278

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.

Human Rights and Civil Liberties

Author: Steve Foster

Publisher: Pearson Education

ISBN: 9781405824729

Category: Civil rights

Page: 702

View: 2427

An accessible account of the law of civil liberties and human rights for the undergraduate law student. The text will enable students to appreciate the balancing of human rights with other rights and interests, and to consider the impact and influence of both the Human Rights Act 1998 and the European Convention on Human Rights.

Lebendiges Familienrecht

Festschrift für Rainer Frank zum 70. Geburtstag am 14. Juli 2008

Author: Tobias Helms,Jens Martin Zeppernick

Publisher: Verlag für Standesamtswesen

ISBN: 3801957020

Category: Adoption

Page: 554

View: 9669


Q&A English Legal System 2013-2014

Author: Gary Slapper,David Kelly

Publisher: Routledge

ISBN: 0415503566

Category: LAW

Page: 274

View: 865

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.

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: 6092

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.

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: 6938

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.

Judicial Lawmaking and Administrative Law

Author: Frits Stroink,F. A. M. Stroink,Eveline Van Der Linden

Publisher: Intersentia nv

ISBN: 9050954634

Category: Law

Page: 328

View: 9953

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.

Conversion Course Companion for Law

Core Legal Principles and Cases for CPE/GDL

Author: Rhona Smith

Publisher: Pearson Education

ISBN: 9781405873154

Category: Law

Page: 394

View: 1130

Written to support students through the challenges of the GDL or CPE course, Introduction to Law for the CPE introduces students to the landmark cases, the related key legal principles and puts each legal rule in context within each of the seven qualifying foundation subjects.

The English Legal System

2012-2013

Author: David Kelly

Publisher: Routledge

ISBN: 1136332278

Category: Law

Page: 768

View: 1467

Slapper and Kelly’s The English Legal System explains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System presents and analyses changes made to the legal system by the coalition government, and digests recent legislation and case law. The Constitutional Reform and Governance Act 2010, the Crime and Security Act 2010, the Coroners and Justice Act 2009, new European law, and the latest decisions of the Supreme Court are all incorporated into the text, and this edition also digests recent research on the work of juries and the criminal courts, and the 2011 changes to the regulation of, and Government contributions towards, legal services. Key learning features include: a clear and logical structure with short, manageable, well-structured individual chapters; useful chapter summaries which act as a good check point for students; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly’s The English Legal System is a permanent fixture in this ever evolving subject.

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: 5740

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.

Constitutional Review in Europe

A Comparative Analysis

Author: Maartje de Visser

Publisher: A&C Black

ISBN: 1782252452

Category: Law

Page: 528

View: 4729

Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'Ãatre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.

Human Rights and the Criminal Justice System

Author: Anthony Amatrudo,Leslie William Blake

Publisher: Routledge

ISBN: 1135145512

Category: Law

Page: 182

View: 4896

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.