Human Rights And The United Kingdom Supreme Court

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Human Rights and the United Kingdom Supreme Court

Brice Dickson
Human Rights and the United Kingdom Supreme Court Book PDF

Author : Brice Dickson
Publisher : OUP Oxford
Page : 472 pages
File Size : 53,6 Mb
Release : 2013-03-28
Category : Law
ISBN : 9780191655852

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Human Rights and the United Kingdom Supreme Court by Brice Dickson Pdf

How does the UK Supreme Court approach human rights law? This book presents the first comprehensive overview of the human rights jurisprudence of the Court, analysing the opinions expressed by the current Justices and their predecessors, both judicially and extra-judicially. It criticizes the judges for not developing the common law in a way which supplements the Human Rights Act, for not making imaginative enough use of that Act, and for adopting an attitude to Convention rights which is often out of step with the jurisprudence of the European Court of Human Rights in Strasbourg. After setting the scene by explaining the constraints which are placed on the Supreme Court Justices, the book considers how human rights are conceptualized by the Court in general and how in particular the procedural questions thrown up by the Human Rights Act have been dealt with so far. It then examines on a right-by-right basis the Justices' position on all the Convention rights and those additional international human rights standards which have been incorporated into UK law. Focusing on the views expressed by individual judges, the book details the many differences of opinion which have come to light and characterizes the prevailing positions, before attempting to predict what stance may be adopted in future on new issues. The book offers an invaluable resource for any practitioners bringing human rights cases before the Court, and its critical arguments on the state of UK human rights law will be essential reading for all academics working in European human rights law.

Human Rights Law

Merris Amos
Human Rights Law Book PDF

Author : Merris Amos
Publisher : Bloomsbury Publishing
Page : 989 pages
File Size : 42,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254430

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Human Rights Law by Merris Amos Pdf

In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Human Rights in the UK and the Influence of Foreign Jurisprudence

Hélène Tyrrell
Human Rights in the UK and the Influence of Foreign Jurisprudence Book PDF

Author : Hélène Tyrrell
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 49,6 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509904952

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Human Rights in the UK and the Influence of Foreign Jurisprudence by Hélène Tyrrell Pdf

Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

Judicial Dialogue and Human Rights

Amrei Müller,Hege Elisabeth Kjos
Judicial Dialogue and Human Rights Book PDF

Author : Amrei Müller,Hege Elisabeth Kjos
Publisher : Cambridge University Press
Page : 641 pages
File Size : 48,5 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107173583

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Judicial Dialogue and Human Rights by Amrei Müller,Hege Elisabeth Kjos Pdf

A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.

The Unity of Law

Rabinder Singh
The Unity of Law Book PDF

Author : Rabinder Singh
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 50,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781509949441

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The Unity of Law by Rabinder Singh Pdf

Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

The European Court of Human Rights and its Discontents

Spyridon Flogaitis,Tom Zwart,Julie Fraser
The European Court of Human Rights and its Discontents Book PDF

Author : Spyridon Flogaitis,Tom Zwart,Julie Fraser
Publisher : Edward Elgar Publishing
Page : 241 pages
File Size : 52,5 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781782546122

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The European Court of Human Rights and its Discontents by Spyridon Flogaitis,Tom Zwart,Julie Fraser Pdf

The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

The Judicial Application of Human Rights Law

Nihal Jayawickrama
The Judicial Application of Human Rights Law Book PDF

Author : Nihal Jayawickrama
Publisher : Cambridge University Press
Page : 1104 pages
File Size : 48,8 Mb
Release : 2002-12-12
Category : Law
ISBN : 052178042X

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The Judicial Application of Human Rights Law by Nihal Jayawickrama Pdf

10 The right to life

International Human Rights Law

Mark Gibney
International Human Rights Law Book PDF

Author : Mark Gibney
Publisher : Rowman & Littlefield
Page : 174 pages
File Size : 42,6 Mb
Release : 2015-08-13
Category : Law
ISBN : 9781442249110

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International Human Rights Law by Mark Gibney Pdf

This clear and compelling text offers a vastly different approach to human rights. Arguing that not only are human rights universal, but so are the obligations to protect these rights, Mark Gibney concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on.

A Court of Specialists

Chris Hanretty
A Court of Specialists Book PDF

Author : Chris Hanretty
Publisher : Oxford University Press, USA
Page : 323 pages
File Size : 55,8 Mb
Release : 2020
Category : Law
ISBN : 9780197509234

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A Court of Specialists by Chris Hanretty Pdf

""This book offers the first quantitative study of decision-making on the UK Supreme Court. Covering the court's first ten years, it examines all stages of the court's decision-making process -- from the permission to appeal stage to the decision on the final outcome. The analysis of these distinct stages shows that legal factors matter. The most important predictor of whether an appellant will succeed in the Supreme Court is whether they've been able to convince judges in lower courts. The most important predictor of whether a case will be heard *at all* is whether it has been written up in multiple weekly law reports. But ""legal factors mattering"" doesn't mean that judges on the court are simply identical expressions of the law. The nature of the UK's court system means that judges arrive on the court as specialists in one or more areas of law (such as commercial law, or family law), or even systems of law (the court's Scottish and Northern Irish judges). These specialisms markedly affect behaviour on the court. Specialists in an area of law are more likely to hear cases in that area, and are more likely to write the lead opinion in that area. Non-specialists are less likely to disagree with specialists, and so disagreement is more likely to emerge when multiple specialists end up on the panel. Although political divisions between the justices do exist, these differences are much less marked than the divisions between experts in different areas of the law. The best way of understanding the UK Supreme Court is therefore to see it as a court of specialists. ""--

The Irish Supreme Court

Brice Dickson
The Irish Supreme Court Book PDF

Author : Brice Dickson
Publisher : Oxford University Press
Page : 431 pages
File Size : 42,6 Mb
Release : 2019-01-31
Category : Law
ISBN : 9780192512475

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The Irish Supreme Court by Brice Dickson Pdf

This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

Democratic Dialogue and the Constitution

Alison L. Young
Democratic Dialogue and the Constitution Book PDF

Author : Alison L. Young
Publisher : Oxford University Press
Page : 336 pages
File Size : 40,9 Mb
Release : 2017
Category : Law
ISBN : 9780198783749

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Democratic Dialogue and the Constitution by Alison L. Young Pdf

Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.

Common Law Constitutional Rights

Mark Elliott,Kirsty Hughes
Common Law Constitutional Rights Book PDF

Author : Mark Elliott,Kirsty Hughes
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 50,9 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509906871

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Common Law Constitutional Rights by Mark Elliott,Kirsty Hughes Pdf

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.

The UK and European Human Rights

Katja S Ziegler,Elizabeth Wicks,Loveday Hodson
The UK and European Human Rights Book PDF

Author : Katja S Ziegler,Elizabeth Wicks,Loveday Hodson
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 41,9 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781509901999

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The UK and European Human Rights by Katja S Ziegler,Elizabeth Wicks,Loveday Hodson Pdf

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.

Human Rights in Criminal Procedure

John Albert Andrews,United Kingdom National Committee of Comparative Law
Human Rights in Criminal Procedure Book PDF

Author : John Albert Andrews,United Kingdom National Committee of Comparative Law
Publisher : BRILL
Page : 460 pages
File Size : 47,6 Mb
Release : 1982-05-26
Category : Law
ISBN : 9024725526

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Human Rights in Criminal Procedure by John Albert Andrews,United Kingdom National Committee of Comparative Law Pdf

Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.

Litigating Rights

Grant Huscroft,Paul Rishworth
Litigating Rights Book PDF

Author : Grant Huscroft,Paul Rishworth
Publisher : Bloomsbury Publishing
Page : 364 pages
File Size : 51,7 Mb
Release : 2002-01-23
Category : Law
ISBN : 9781847310729

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Litigating Rights by Grant Huscroft,Paul Rishworth Pdf

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.