Blackstone's Guide to the Human Rights Act 1998

by Wadham, John; Mountfield, Helen; Gallagher, Caoilfhionn; Prochaska, Elizabeth

• ISBN13: 9780199574421
• ISBN10: 0199574421
• Edition: 5th
• Format: Paperback
• Copyright: 2009-11-16
• Publisher: Blackstone Press

Summary

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act 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. This new edition of theBlackstone's Guide to the Human Rights Act 1998provides clear, concise coverage of the operation and application of the Human Rights Act 1998. In a time of uncertainty about the future of human rights in the UK, this edition discusses the successes and failures of the Act and its possible replacement with a Bill of Rights. TheGuideassesses the case law of the European Court and analyzes the impact of Convention rights in landmark domestic judgements across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights, and maps the UK and Strasbourg courts' divergence in approach to certain areas of human rights protection. It also highlights the aspects of the Act that the courts have not yet clarified. The book contains a copy of the Human Rights Act 1998 as amended, the European Convention for the Protection of Fundamental Rights and Freedoms.

Author Biography

John Wadham is a Solicitor and the Group Legal Director of the Equality and Human Rights Commission. Previously he has been the Deputy Chair of the Independent Police Complaints Commission and the Director of Liberty. He is one of the authors of: the Blackstone's Guide to the Human Rights Act 1998, 4th edition (OUP, 2007); the Blackstone's Guide to the Freedom of Information Act 2000, 3rd edition (OUP, 2007); and the Blackstone's Guide to the Identity Card Act 2006 (OUP, 2006).
Helen Mountfield is a barrister at Matrix Chambers (call 1991). Helen focuses primarily on public law, particularly judicial review, but also has a substantial practice in employment law, election law and information law. Issues of human rights, discrimination and EU law intersect across her whole practice. She is one of the authors of the Blackstone's Guide to the Human Rights Act 1998, 4th edition (OUP, 2007).
Caoilfhionn Gallagher is a barrister at Doughty Street Chambers (call 2001). She is a human rights and civil liberties specialist. She has a predominantly public law practice, particularly judicial review in the areas of prison law and community care. She is one of the authors of the Blackstone's Guide to the Human Rights Act 1998, 4th edition (OUP, 2007); and the Blackstone's Guide to the Identity Card Act 2006 (OUP, 2006).
Elizabeth Prochaska is a barrister at Matrix Chambers (call 2007) where she focuses on human rights, public and employment law.

Table of Contents

Introduction

Introduction

Human Rights in the United Kingdom before the Human Rights Act

The Incorporation of the Convention

The Human Rights Act as a Constitutional Instrument

Human Rights in the United Kingdom after the Human Rights Act

The Institutional Framework - Creating a Culture of Respect for Human Rights

The Future of Human Rights Protection in the United Kingdom

The Framework of the European Convention on Human Rights

Introduction

Interpreting the Convention

The Scope of Convention Rights

Restricting Convention Rights

The Margin of Appreciation

The Framework of the Human Rights Act 1998

Introduction

Summary of the Effects of the Human Rights Act

Overview of the Key Provisions of the Human Rights Act

The Human Rights Act Mechanism in Detail

Public Authorities and the Human Rights Act: Meaning of 'Public Authority' and 'Functions of a Public Nature'

Private Parties and the Human Rights Act

Exceptions and Special Cases

Enforcing the Human Rights Act

Introduction

The Appropriate Forum for an Argument under the Human Rights Act

Standing: Who may bring Proceedings under the Human Rights Act?

Limitation Periods: Are there Time Limits for Bringing a Claim under the Human Rights Act?

Retrospectivity

Interventions in Human Rights Act Cases

Other Means of Enforcement by the Equality and Human Rights Commission

Remedies

Key Convention Concepts in the Domestic Courts

Enforcement of the Human Rights Act in Summary

The Interaction Between Convention Principles and European Law

Introduction

The Developing Doctrine of Fundamental Rights in EC Law

The European Charter of Fundamental Rights

The Interaction of EC Law with Application of Convention Principles in UK Courts

The Convention Rights: Absolute Rights

Introduction

Jurisdiction

Right to Life

Prohibition of Torture

Prohibition of Slavery and Forced Labour

The Convention Rights: Limited and Qualified Rights

Introduction

Right to Liberty and Security

Right to a Fair Trial

No Punishment Without Lawful Authority

Right to Respect for Private and Family Life

Freedom of Thought, Conscience, and Religion

Freedom of Expression

Freedom of Assembly and Association

Right to Marry

Right to an Effective Remedy

Prohibition on Discrimination

Exceptions in Time of War

Restrictions on Political Activity of Aliens

Prohibition of Abuse of Rights

Limitation on Use of Restrictions on Rights

The Convention Protocols

Introduction

Protocol 1, Article 1: Protection of Property

Protocol 1, Article 2: The Right to Education

Protocol 1, Article 3: Right to Free Elections

Protocol 4

Protocol 6

Protocol 7

Protocol 12

Protocol 13

Beyond the Domestic Courts: Taking a Case to Strasbourg

Introduction

The Structure and Jurisdiction of the Court

Making a Complaint

Admissibility

The Merits Stage

Funding for Cases in Strasbourg

Implementation of Judgments

Researching Human Rights Jurisprudence

Introduction

Convention Jurisprudence

Finding Convention Case Law

Finding Human Rights Act Materials

Human Rights Act 1998

European Convention for the Protection of Fundamental Rights and Freedoms

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