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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.