The Impact Of The Uk Human Rights Act On Private Law
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The Impact Of The Uk Human Rights Act On Private Law
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Author : David Hoffman
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-13
The Impact Of The Uk Human Rights Act On Private Law written by David Hoffman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-13 with Political Science categories.
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.
The Impact Of The Uk Human Rights Act On Private Law
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Author : David Hoffman
language : en
Publisher:
Release Date : 2011
The Impact Of The Uk Human Rights Act On Private Law written by David Hoffman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Civil law categories.
Leading academics and practitioners examine how the Human Rights Act influences private law cases in theory and practice.
Property And The Human Rights Act 1998
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Author : Tom Allen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-10-01
Property And The Human Rights Act 1998 written by Tom Allen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-01 with Law categories.
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.
Human Rights In Private Law
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Author : Dan Friedmann
language : en
Publisher: Hart Publishing
Release Date : 2001
Human Rights In Private Law written by Dan Friedmann and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.
Tort Law And Human Rights
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Author : Jane Wright
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-23
Tort Law And Human Rights written by Jane Wright and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-23 with Law categories.
This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy – From Misuse of Private Information to Autonomy.'
Human Rights And The Private Sphere Vol 1
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Author : Jorg Fedtke
language : en
Publisher: Routledge
Release Date : 2007
Human Rights And The Private Sphere Vol 1 written by Jorg Fedtke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Human rights categories.
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.
Judicial Reasoning Under The Uk Human Rights Act
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Author : Helen Fenwick
language : en
Publisher: Cambridge University Press
Release Date : 2007-09-06
Judicial Reasoning Under The Uk Human Rights Act written by Helen Fenwick and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-06 with Law categories.
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.
Making Rights Real
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Author : Ian Leigh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-08-29
Making Rights Real written by Ian Leigh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-29 with Law categories.
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'.
Judicial Review The Human Rights Act
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Author : Richard Gordon
language : en
Publisher: Routledge-Cavendish
Release Date : 2013-05-13
Judicial Review The Human Rights Act written by Richard Gordon and has been published by Routledge-Cavendish this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-13 with Law categories.
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.
Property Law And Human Rights
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Author : Deborah Rook
language : en
Publisher:
Release Date : 2001
Property Law And Human Rights written by Deborah Rook and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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.