European Convention on Human Rights and Irish Law Second Edition

by Kilkelly, Ursula

• ISBN13: 9781846611247
• ISBN10: 1846611245
• Edition: 2nd
• Format: Hardcover
• Copyright: 2009-02-01
• Publisher: Jordan Publishing Limited

Summary

Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, a raft of new legislation in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Recent legal developments have highlighted that there is now greater potential for using ECHR to positive effect in Irish law.This second edition of ECHR and Irish Law examines the impact of the Act on Irish law and what the effects in case law have been. The work begins with research on the impact of the Act. It includes discussion on the relationship between the ECHR and the Constitution post-incorporation, considering case law in which the Convention has been an issue. It also analyses the latest developments on the Charter of Fundamental Rights and Freedoms.There follows an examination of the effect of the new Act upon individual areas of Irish law. The book has been revised to include new and expanded chapters on:Administrative LawPrisoners' RightsSuspicious Deaths and PolicingImmigration, Refugee and Asylum LawA second Crime chapter focusing on the Criminal Justice Act 2006 and Criminal Justice Act 2007Child law and Family law in two separate chaptersWritten by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and its impact on Irish Law in practice.REVIEWS OF PREVIOUS EDITIONS"comprehensive...clear and accessible...an excellent book, and as a result of its scholarship and clarity it will quickly become a standard reference for academics, practitioners, and indeed students of human rights in Ireland, and perhaps abroad"LEGAL INFORMATION MANAGEMENTCONTENTSIntroductionThe ECHR Act 2003: A Critical PerspectiveIncorporation of the ECHR: Some Issues of Methodology and ProcessECHR and the European UnionImmigration, Refugee and Asylum LawChild LawFamily LawCriminal LawCriminal Law: the Criminal Justice Act 2006 and Criminal Justice Act 2007DetentionDiscrimination LawPrivacy and Media LawProperty, Housing and EnvironmentPrisoners' RightsSuspicious Deaths and PolicingJudicial Perspective

Table of Contents

Adoption and Children Act 2002, ss 1, 18-29, 52

Children Act 1989

Family Proceedings Rules 1991: Part I, Part II, rr 2.38-2.40, 2.57, Parts III-VI, Part VII, rr 7.1-7.3, 7.7-7.15, Parts VIII-X, Appendices 1 and 3

Family Proceedings Courts (CA 1989) Rules 1991

Children (Allocation of Proceedings) Order 1991

Children (Allocation of Proceedings) (Appeals) Order 1991

Family Proceedings (Allocation to Judiciary) Directions 1999

Practice Direction (Case Management) [1995] 1 FLR 456

Best Practice Guidance (Handbook of Best Practice in Children Act cases)

Practice Direction (Human Rights Act 1998) [2000] 2 FLR 429B v B (Court Bundles: Video Evidence) [1994] FLR 323

President's Guidance (The Private Law Programme)

President's Direction (Public Law Outline)

Practice Direction (Experts in Family Proceedings Relating to Children)

Practice Direction (Family Proceedings: Court Bundles) [2006] 2 FLR 199

Perpetual Calendar

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