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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition was published, see:
Law of Human Rights 2nd ed isbn 9780199263578

Law of Human Rights 1st ed with 2nd Supplement

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ISBN13: 9780199258222
ISBN: 0199258228
New Edition ISBN: 9780199263578
Previous Edition ISBN: 019826223X
Published: March 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback, 2 Volumes & Supplement
Price: Out of print



Written by two leading practitioners, this text provides a comprehensive and systematic treatment of human rights law and practice in the UK and offers detailed analysis of the effects of incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998, including an examination of the wider impact of the new regime upon the civil and criminal law more generally.

It draws systematically upon European Convention case law, common law principles and practice, experience from Canada, New Zealand and other jurisdictions, as well as detailed analysis of the new Act itself, to provide essential guidance on how the new law is working in practice, while the annual supplements track the case law as it is actually decided. The first section deals with the nature of rights, problems of incorporation, the impact of the Convention prior to incorporation and the interpretation of human rights instruments.

The main part of the book consists of a detailed analysis of the rights granted by the Convention, and the effects of their incorporation. Each chapter in this section focuses upon a particular right, and contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to a number of subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners.

Each chapter has detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. The book also has a section dealing with remedies and procedure under the Human Rights Act and the procedure for taking cases to the European Court of Human Rights, plus a second volume containing a wide range of relevant materials.

Regular paperback supplements keep the book fully up to date with relevant case-law and related legislation as the implementation of the new Act proceeds. The second supplement, included in this set, brings the main work (published in October 2000) fully up to date to July 2002 and includes all the relevant case-law as the Human Rights Act continues to be tested in the courts.

  • Supplement 2 was published in March 2003
  • Supplement 1 was published in March 2002
  • Main Volumes 1 & 2 were published in June 2000
The second supplement is also available to purchase separately here: Second Updating Supplement

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Subjects:
Human Rights and Civil Liberties
Contents:
VOLUME 1
Foreword by Lord Bingham of Cornhill
Preface
Tables of Cases Legislation, and Treaties
List of Abbreviations
Introduction
PART I: THE BACKGROUND TO THE HUMAN RIGHTS ACT
1. The Constitutional Protection of Human Rights
2. The Impact of Unicorporated Human Rights Treaties
PART II: GENERAL PRINCIPLES UNDER THE HUMAN RIGHTS ACT
3. The Human Rights Act: Interpretation and Synopsis
4. The Human Rights Act and Statute Law
5. Human Rights Act and Public Authorities
PART III: THE CONVENTION RIGHTS
6. General Principles Under the Convention
7. Right to Life and the Abolition of the Death Penalty
8. Right not to be Subject to Torture or Inhuman or Degrading Treatment
9. Freedom from Slavery, Servitude and Forced Labour
10. The Right to Liberty
11Fair Trial Rights
12. The Right to Respect for Privacy and the Home
13. The Right to Marry and to Family Life
14. Freedom of Thought, Conscience and Religion
15. Freedom of Expression
16. Freedom of Assembly and Association
17. Freedom from Discrimination in Relation to Convention Rights
18. Right to Enjoyment of Possessions
19. The Right to Education
20. Electoral Rights
PART IV: REMEDIES AND PROCEDURE
21. Remedies under the Human Rights Act
22. Human Rights Act Procedure
23. Court of Human Rights Procedure
APPENDIX A
Human Rights Act 1998
Index
VOLUME 2
Note on Materials
Table of Admissible Cases before the European Court of Human Rights
APPENDICES
UNITED KINGDOM MATERIALS
The Human Rights Act 1998
Rights Brought Home: The Human Rights Bill (1997) Cm 3782
Rules of Court and Practice Directions Under Human Rights Act
Practice Direction: Devolution Issues (and Crown Office applications in Wales)
EUROPEAN MATERIALS
Convention for the Protection of Human Rights and Fundamental Freedoms, with Protocols
European Court of Human Rights: Rules of Court
European Social Charter 1961
UNITED NATIONS MATERIALS
Universal Declaration of Human Rights 1948
Convention Relating to the Status of Refugees 1951
International Convenant on Civil and Political Rights 1966
International Covenant on Economic, Social and Cultural Rights 1966
International Convention on the Elimination of all Forms of Racial Discrimination 1966
Convention on the Elimination of all Forms of Discrimination against Women 1979
Convention on the Rights of the Child 1989
DOMESTIC BILLS OF RIGHTS
Canadian Charter of Rights and Freedoms (Part I, Constitution Act 1982)
Constitution of India (Part III, Fundamental Rights, Arts 12 to 35)
Irish Constitution (Chapter X11, Fundamental Rights, Arts 40-44)
New Zealand Bill of Rights Act 1990
Constitution of the Republic of South Africa 1996 (Chapter 2, Bill of Rights, ss 7-37)
Constitution of United States of America: Bill of Rights and Thirteenth to Fifteenth Amendments
Constitution of Zimbabwe (Chapter III, Declaration of Rights, ss 11-26)
Select Bibliography