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Vol 23 No 5 May/June 2018

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An Introduction to Human Rights and the Common Law

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Edited by: Rosalind English, Philip Havers

ISBN13: 9781841130323
ISBN: 184113032X
Published: June 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

In stock.

The impact of the European Convention on Human Rights (ECHR) on public and criminal law has been well documented. The common law will be equally revolutionized by the Convention, yet its future is uncharted. This collection of papers, the product of two seminars held jointly with Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters.

The book contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, the chapters also explore the relation between the ECHR principles of proportionality and margin of appreciation, and the traditional way of resolving common law disputes. The book also contains a detailed scrutiny of the compatibility of the legal aid and cost proposals with the procedural right to a fair trial guaranteed by the Convention.

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Human Rights and Civil Liberties
IPart 1 Introduction, William Edis.
Part 2 The convention and the Human Rights Act - a new way of thinking, Philip Havers QC and Neil Garnham: the mechanics of incorporation; the impact of incorporation; conclusion.
Part 3 Costs, conditional fees and legal aid, Guy Mansfield QC: introduction; Article 6 - the right to a fair hearing; the right to legal aid in civil cases; conditional fee or speculative fee agreements - relationship with legal aid; the high cost of proceedings; costs; Article 5 - the right to liberty; conclusion.
Part 4 Horizontality - the application of human rights standards in private disputes, Jonathan Cooper: introduction; defining the terms; vertical application of human rights standards - state actors; horizontal application of human rights standards - non-state actors; applying the act to state actors; extening the scope of the act horizontally; the approach of the Strasbourg authorities; comparitive law; conclusion.
Part 5 Remedies, Rosalind English: new remedies, Article 13; declarations of incompatibility; damages.
Part 6 General common law claims and the Human Rights Act, Richard Booth: introduction; landlord and tenant; contract; trespass; unlawful interference with goods; economic torts; civil actions against the police; conclusion.
Part 7 Bringing and defending a convention claim in domestic law - a practical exercise, Philippa Whipple: introduction.
Part 8 The impact of the convention on medical law, Philip Havers QC and Neil Sheldon: introduction; prolonging life; enforced medical treatment; funding treatment; medical records; medical tribunals; inquests; right to found a family; aids.
Part 9 Clinical negligence and personal injury litigation, Robert Owen QC and Sarah Lambert and Caroline Neenan: introduction; the relevant articles; practice and procedure in medical negligence and personal injury litigation; conclusion.
Part 10 Environmental rights, David Hart: introduction; the victim requirement; substantive rights; procedural rights; conclusions and predictions.
Part 11 Confidentiality and defamation, Rosalind English: confidentiality and the protection of privacy; confidentiality and privacy under Article 8; defamation and freedom of expression.
Part 12 Mental health, Jeremy Hyam: introduction; the detention of patients; the detention of patients under the Mental Health Act; detention without treatment; emergency confinement and treatment; likely areas of challenge; capacity and consent; conclusions.
Part 13 Bibliography and guide to sources, Owain Thomas: general textbooks and reference books; court reports; commission reports; other reports; other national and international jurisdictions; travaus preparatoires; journals; citations; precedent.