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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Company Law and the Human Rights Act 1998

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Alan DignamQueen Mary and Westfield College, University of London, David AllenBarrister, Chambers of Stephen Tomlinson, QC

ISBN13: 9780406930309
ISBN: 0406930309
Published: October 2000
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: Out of print

""The Human Rights Act 1998 has wide-reaching implications for Company Law.This topical work provides a comprehensive examination of the impact of the Act, looking at locus standi, protection of property, privacy and state economic regulation. The work combines exposition and critical analysis of the underlying principles of the subject with appropriate reference to other common law and civil law jurisdictions. It also examines taxation, accounting, public law issues, labour law, environmental law and contempt.Company Law and the Human Rights Act 1998 meets the needs of practitioners and in-company legal departments in addition to postgraduate students and academics in this area.""

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Company Law
""Chapter One - Introduction: A Brief History of Human Rights(a) Sovereign Power(b) The Rise of the Nation State(c) The 20th Century Wars(d) The Role of Legal Theory(e) The Rise of International Human Rights.Chapter Two - The European Convention on Human Rights(a) The Articles and Protocols(b) The Operation of the Convention(c) Procedure of Old System(d) The New European Court of Human Rights(e) The Interpretation of the ECHR.Chapter Three - The Human Rights Act 1998(a) The Impact of the ECHR in UK domestic law. (b) The History and General Scheme of the HRA 1998(c) The Expected Impact on the English Legal System(d) The Applicability of HRA 1998 to Corporations.Chapter Four - The Rights and Freedoms in the ECHR.Chapter Five - Locus Standi(b) Conflict of Rights; corporate, shareholder (Minority & Majority), stakeholder. (c) Existing Guidance; existing positions on standing versus victim status. Chapter Six - Protocol 1. Article 1: Protection of Property (a) The Meaning and Effect of ECHR Article 1 of Protocol 1(b) Interference With Possessions(c) The Fair Balance Test(d) Compensation(e) Pre-existing Problems with the Companies and Related Acts. Chapter Seven - Privacy and Commercial Expression (a) Freedom of commercial Expression(b) Rights of privacy as they apply to the corporation(c) Interference with private life by corporations - the environmental cases.Chapter Eight - Regulatory Systems in a Human Rights Regime (a) State Bodies and Interference with Rights(b) Directors' Disqualification(c) Taxation issues in the HRA 1998(d) The Auditor and the HRA 1998(e) The Employer and the HRA 1998(d) Likely outcomes : Examples from other Jurisdictions. Chapter Nine - Researching Human Rights (a) Difficulties, civil law reporting systems etc.(b) Sources of law.Appendices.The European Convention on Human Rights.The Human Rights Act 1998.The White Paper.Relevant excerpts from Hansard.""