Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Damages and Human Rights (eBook)


ISBN13: 9781782252818
Published: March 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £79.16 + £15.83 VAT
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale allowed in
Afghanistan , Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde (Cabo Verde), Cayman Islands, Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo, The Democratic Republic Of The, Cook Islands, Costa Rica, Croatia, Cuba, Curaçao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories, Gabon , Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and Mcdonald Islands, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Islamic Republic Of, Iraq, Ireland, Israel, Italy, Ivory Coast (Côte d'Ivoire), Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Korea, Democratic Peoples Republic Of, Korea, Republic Of, Kuwait, Kyrgyzstan, Lao Peoples Democratic Republic , Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Macedonia, The Former Yugoslav Republic Of, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Federated States Of, Moldova, Republic Of, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Norway, Oman, Pakistan, Palau, Palestine, State of, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Puerto Rico, Qatar, Romania, Russian Federation, Rwanda, Saint Barthélemy, Saint Helena , Saint Kitts and Nevis, Saint Lucia, Saint Martin (French part), Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Sint Maarten (Dutch part), Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and the South Sandwich Islands, Spain, Sri Lanka, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Taiwan, Tajikistan, Tanzania, United Republic Of, Thailand, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Virgin Islands (British), Virgin Islands (U.S.), Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe

Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

Damages claims under the Human Rights Act 1998 are being made with increasing frequency, yet the theoretical foundations of such damages remain obscure, and courts have struggled to develop a theoretically sound and principled approach to their award and assessment.

The question of how courts ought to approach such novel claims raises a host of complex issues. For example, in fashioning the approach how should courts balance competing concerns such as the importance of vindicating fundamental rights and, on the other hand, the public interest in the preservation of scarce public resources? How can human rights be valued in monetary terms? And is it permissible to read across damages principles developed in the private law of tort to a public law context?

This book explores the theoretical foundations of human rights damages and undertakes a comprehensive examination of when such damages ought to be awarded, how they ought to be assessed, and the range of damages that ought to be available to remedy a rights-breach.

The central thesis is that a vindicatory approach, modelled on the approach to damages in domestic tort law ought to be adopted. Other possible approaches are analysed, with a focus on those adopted in English and comparative case law.

These include the current 'mirror' approach which ties the approach to damages in English law to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach according to which the award and assessment of damages are dependent on a judicial balancing of individual and public interests; as well as approaches drawn from EU law and United States Constitutional law.

The thesis on which this book is based was awarded the Yorke Prize by the University of Cambridge as the outstanding thesis in law in 2012.

Subjects:
Human Rights and Civil Liberties, Remedies and Damages, eBooks
Contents:
1. Introduction

Part 1: A Tort-Based Approach to Damages for Human Rights Breaches
2. The Tort Framework
3. A Tort-Based Approach to Human Rights Damages

Part 2: Human Rights Damages and the Public Law - Private Law Distinction
4. The Public Law - Private Law Distinction
SECTION 1. THE PUBLIC LAW - PRIVATE LAW DISTINCTION AS A TOOL FOR LEGAL DEVELOPMENT
SECTION 2. THE PUBLIC LAW - PRIVATE LAW DISTINCTION AND HUMAN RIGHTS DAMAGES

Part 3: Alternative Approaches to Damages for Human Rights Breaches
5. Human Rights Damages and 'Just Satisfaction' :
SECTION 1. THE TERMS OF THE HRA
SECTION 2. THE SUPRANATIONAL DIMENSION
SECTION 3. THE METHODOLOGY OF THE MIRROR APPROACH
SECTION 4. THE FUTURE OF THE MIRROR APPROACH POST- FAULKNER
SECTION 5. OVERVIEW
6. Interest-Balancing Approaches
SECTION 1: DOCTRINAL ANALYSIS OF THE INTEREST-BALANCING APPROACH
SECTION 2: NORMATIVE ANALYSIS OF THE INTEREST-BALANCING APPROACH
SECTION 3. CONCLUSIONS
7. Other Methods of Limiting Human Rights Damages
8. Conclusion