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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Principles of Human Rights Adjudication

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ISBN13: 9780199287222
ISBN: 0199287228
Published: January 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2004)
Price: £32.99
Hardback edition out of print, ISBN13 9780199270682

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The Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers believe that it is the greatest thing that they have done, whereas others view it as a dangerous mistake. This volume explains what the Act is about, where it fits into Britain's constitutional tradition, and explores whether or not it has achieved its goals.

The Act has now been in force for three years, and a large body of case law has built up around it. The Act has enjoyed its fair share of controversies and has produced its own range of disappointments. It has become part and parcel of law courses in all universities, and has attracted the attention of practitioners from all areas of practice. It is now part of Britain's constitutional furniture, of interest and relevance not only to lawyers but also to political scientists, contemporary historians, and the general public.

This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order. It locates the measure in its political and historical context and analyses the case law from the perspective not only of principle but also of practical experience. It examines the effect of the Act, and provides the reader with the tools to make informed predictions on the likely outcome of cases.

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Human Rights and Civil Liberties
I Introduction
1. Making Sense of the Human Rights Act
2. The Impossible Demand: Human Rights and Representative Democracy
II The Core Principles
3. The Principle of Respect for Civil Liberties
4. The Principle of Legality
5. The Principle of Human Dignity
III Applying the Core Principles
6. The Aspiration of Institutional Competence
7. The Aspiration of Proportionate Intrusion
8. The Aspiration of Analytical Coherence
IV Conclusion
9. Judging the Human Rights Act