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Property and the Human Rights Act 1998


ISBN13: 9781841132037
ISBN: 1841132039
Published: October 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 5 to 7 days.

By giving further effect to the European Convention on Human Rights, the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions.

Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property.

The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future.

Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.

Subjects:
Property Law
Contents:
1. The history of the right to property ;
2. The applicability of the right to property
3. The legality condition
4. The structure of Article 1 of the First Protocol
5. Property and the fair balance
6. Compensation and expropriation
7. Controls on the use of land
8. Private law and the right to property
9. The forfeiture and confiscation of property
10. The purpose of Article 1 of the First Protocol

Series: Human Rights Law in Perspective

Proportionality Beyond the Human Rights Act ISBN 9781841137438
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Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954865
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Law and Islamic Dress: Rights and Fascism in Europe ISBN 9781509910496
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Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954827
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£85.00
Article 8 ECHR, Family Reunification and the Uk's Supreme Court: Family Matters? ISBN 9781509966073
To be published August 2024
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£42.99
The Times and Temporalities of International Human Rights Law ISBN 9781509949991
Published June 2023
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£41.99
£85.00
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The Times and Temporalities of International Human Rights Law (eBook) ISBN 9781509949915
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The Times and Temporalities of International Human Rights Law ISBN 9781509949908
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£90.00
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Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509933037
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Governing (Through) Rights ISBN 9781509926824
Published January 2019
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£28.99
Property and Human Rights in a Global Context ISBN 9781509921157
Published April 2018
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£36.99
£95.00
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Governing (Through) Rights ISBN 9781849467391
Published September 2016
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£75.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published September 2016
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£26.09
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Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
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£27.99
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
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£33.29
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Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
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£85.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
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£31.99
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
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£25.19
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Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
Hart Publishing
£80.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
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£72.00
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Health and Human Rights ISBN 9781841138046
Published August 2013
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£80.00
Rights in Divided Societies ISBN 9781849461009
Published July 2012
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£85.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
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£76.50
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Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
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£28.79
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Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
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£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£42.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£85.00
£95.00
£59.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
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Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
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£95.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
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£90.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
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£95.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
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£69.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
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