The Impact Of The Uk Human Rights Act On Private Law

Author : David Hoffman
Publisher : Cambridge University Press
Page : 128 pages
File Size : 46,5 Mb
Release : 2011-10-13
Category : Political Science
ISBN : 9781139503204

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The Impact of the UK Human Rights Act on Private Law by David Hoffman Pdf

The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Author : David Hoffman
Publisher : Unknown
Page : 444 pages
File Size : 42,5 Mb
Release : 2011
Category : Civil law
ISBN : 1139155946

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The Impact of the UK Human Rights Act on Private Law by David Hoffman Pdf

Leading academics and practitioners examine how the Human Rights Act influences private law cases in theory and practice.

Author : Tom Allen
Publisher : Bloomsbury Publishing
Page : 356 pages
File Size : 55,9 Mb
Release : 2005-10-01
Category : Law
ISBN : 9781847310033

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Property and The Human Rights Act 1998 by Tom Allen Pdf

By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.

Author : Dan Friedmann,Daphne Barak-Erez
Publisher : Hart Publishing
Page : 416 pages
File Size : 47,9 Mb
Release : 2001
Category : Law
ISBN : 9781841132136

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Human Rights in Private Law by Dan Friedmann,Daphne Barak-Erez Pdf

In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.

Author : Helen Fenwick,Gavin Phillipson,Roger Masterman
Publisher : Cambridge University Press
Page : 440 pages
File Size : 47,7 Mb
Release : 2007-09-06
Category : Law
ISBN : 9781139466769

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Judicial Reasoning under the UK Human Rights Act by Helen Fenwick,Gavin Phillipson,Roger Masterman Pdf

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

Author : Jorg Fedtke
Publisher : Routledge
Page : 605 pages
File Size : 50,9 Mb
Release : 2007
Category : Human rights
ISBN : 9781134099795

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Human Rights and the Private Sphere Vol 1 by Jorg Fedtke Pdf

Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.

Author : Jane Wright
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 53,8 Mb
Release : 2001-10-09
Category : Law
ISBN : 9781847311368

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Tort Law and Human Rights by Jane Wright Pdf

Common law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First,to ascertain whether those principles comply with Convention standards as laid down in the ECHR and interpreted by the Strasbourg organs. Secondly, to determine the extent to which tort principles may be shaped to achieve this goal. In this book, the author pursues this objective by analysing the effect of the Act, including the issue of horizontality, and then evaluating and juxtaposing principles of tort law and ECHR jurisprudence in order to consider whether the approach of the English courts measures up to the European standard. Generally the ECHR does not prescribe how states should meet their treaty obligations and the book therefore considers, where appropriate, the possibility of remedies other than tort principles as a means of meeting the UK's obligations. Thus, the book examines whether the principles of tort law, considered in the light of other remedies, are likely to be the mechanisms for the implementation of human rights standards.

Author : Richard Gordon,Tim Ward
Publisher : Routledge-Cavendish
Page : 343 pages
File Size : 42,6 Mb
Release : 2013-05-13
Category : Law
ISBN : 9781135347154

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Judicial Review & the Human Rights Act by Richard Gordon,Tim Ward Pdf

The Human Rights Act 1998 had a profound effect on the law of the United Kingdom,and in no area more so than judicial review. This book gives practical guidance on the interplay between the Act and domestic public law.

Author : Ian Leigh,Roger Masterman
Publisher : Bloomsbury Publishing
Page : 370 pages
File Size : 50,7 Mb
Release : 2008-08-29
Category : Law
ISBN : 9781847314512

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Making Rights Real by Ian Leigh,Roger Masterman Pdf

Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.

Author : Great Britain. Home Office
Publisher : Unknown
Page : 22 pages
File Size : 45,5 Mb
Release : 1997
Category : Civil rights
ISBN : 010137822X

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Rights Brought Home by Great Britain. Home Office Pdf

Author : Peter Halstead
Publisher : Routledge
Page : 468 pages
File Size : 53,6 Mb
Release : 2013-11-26
Category : Law
ISBN : 9781444166125

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Unlocking Human Rights by Peter Halstead Pdf

Substantial, clear, rigorous and comprehensive ... the new Human Rights title in the groundbreaking undergraduate textbook series.

Author : Deborah Rook
Publisher : Unknown
Page : 428 pages
File Size : 49,7 Mb
Release : 2001
Category : Law
ISBN : UOM:39015055206547

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Property Law and Human Rights by Deborah Rook Pdf

This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act. The book should be of use to both practitioners and academics by providing a comprehensive and easy-to-read guide to the impact of the Human Rights Act on property law.

Author : David Feldman
Publisher : Oxford University Press, USA
Page : 1000 pages
File Size : 44,7 Mb
Release : 1993
Category : History
ISBN : UOM:39015032846217

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Civil Liberties and Human Rights in England and Wales by David Feldman Pdf

2.5. The UK Approach

Author : Tom Allen
Publisher : Unknown
Page : 325 pages
File Size : 54,8 Mb
Release : 2005
Category : Electronic books
ISBN : 147256345X

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Property and the Human Rights Act 1998 by Tom Allen Pdf

By giving further effect to the European Convention on Human Rights, the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of p.

Author : Stephen Bottomley,David Kinley (Lecturer in law)
Publisher : Ashgate Publishing
Page : 368 pages
File Size : 55,8 Mb
Release : 2002
Category : Law
ISBN : UOM:39015054436673

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Commercial Law and Human Rights by Stephen Bottomley,David Kinley (Lecturer in law) Pdf

Wolff.