It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court.
Release on 2018-02-15 | by John Stanton,Craig Prescott
Author: John Stanton,Craig Prescott
Pubpsher: Oxford University Press
Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject.Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario(included at the start of each chapter) to set it into a practical context.While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. "Key case" boxes highlight and analyse the significant case lawin each area; "Counterpoint" boxes flag alternative viewpoints and areas of debate; and "Pause for reflection" boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead. Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university andbeyond.
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Release on 2012-10-19 | by Michael Beloff,Tim Kerr,Marie Demetriou,Rupert Beloff
Author: Michael Beloff,Tim Kerr,Marie Demetriou,Rupert Beloff
Pubpsher: Bloomsbury Publishing
Sports law has been growing with increasing rapidity over the years since the first edition of this book was published in 1999, regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This revised work, by leading practitioners in the field, with a foreword by Lord Coe, provides a coherent framework for understanding the principles of sports law in this area, as well as a deep analysis of its key features. The subject is split into various areas of practice: first, regulatory rules, which embrace the constitutional aspect of organised sport, including the disciplinary procedures of the various governing organisations; second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players; and third, player's rights and obligations, which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. London 2012 provides an appropriate point at which to assess the current state of the law, as well as a look to the future. The target readership extends from solicitors, barristers and legal advisers, to sports organisations and clubs, corporations involved in marketing and sponsorship, media companies, academics teaching sports law, and sports administrators. “I commend it to everyone who has to administer sport as well as to those who have to advise the administrators or argue cases in the field on whatever side. It is a gold medal book.” From the Foreword by Lord Coe KBE
Release on 2008 | by Helen Keller,Alec Stone Sweet
The Impact of the ECHR on National Legal Systems
Author: Helen Keller,Alec Stone Sweet
Pubpsher: Oxford University Press, USA
This title examines the process through which the European Convention on Human Rights, along with the case law of the European Court of Human Rights, has been interpreted and applied in the Member States, and how this has impacted upon their domestic legal orders.
The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, or soon after significant legislative change, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act or legislation 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. Human rights law in the UK continues to evolve as a result of cases from both the domestic and Strasbourg Courts. The fourth edition of this bestselling text: - Analyses the impact of Convention rights in landmark judgments from areas such as constitutional law, discrimination law and criminal law - Explains how the UK courts are exercising their interpretative obligation to read legislation compatibly with Convention rights - Examines the notion of 'judicial deference' and how it has been applied in key cases - Maps the beginnings of a divergence in approach between the UK and Strasbourg Courts to human rights protection The new edition puts these recent developments in context and provides an up-to-date, clear, and concise, explanation of how the Human Rights Act has been applied. It summarises the interpretative techniques that lawyers need to understand, highlights the latest key domestic cases, and outlines the scope of the Convention articles.This fourth edition has been rewritten and restructured, with the addition of footnotes, to ensure even greater ease of use, and contains the full text of the Human Rights Act 1998 (as amended), the European Convention on Human Rights, and the EU Charter of Fundamental Rights.
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.
In The Sovereignty of Law, Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority with individual freedom. Drawing on the work of Lon Fuller and Ronald Dworkin, Allan emphasizes the normative character of legal interpretation - understanding the implications of statute and precedent by reference to moral ideals of legality and liberty. Allan denies that constitutional law can be reduced to empirical facts about legislative or judicial conduct or opinion. There is no 'rule of recognition' from the lawyer's interpretative viewpoint - only a moral theory of the nature and limits of political authority, which lawyers must construct in order to make sense of legal and constitutional practice. A genuine republicanism, protecting individual independence, requires the safeguards afforded by judicial review, which must ensure that governmental action is consistent with the rule of law; and the rule of law encompasses not merely the formal equality of all before the law, as enacted or declared, but a more fundamental idea of equal citizenship. Allan's interpretative approach is applied to a wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.
Release on 2013-08-15 | by Robert Gregory Lee,Peter Wallington
Author: Robert Gregory Lee,Peter Wallington
Pubpsher: Oxford University Press
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.