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Wildy’s Book News

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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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Proportionality Beyond the Human Rights Act

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ISBN13: 9781841137438
To be Published: January 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



The principle of proportionality has long been the key mechanism in Europe for deciding whether state action has encroached on human rights. Prior to the UK’s adoption of the Human Rights Act 1998 (HRA), proportionality enjoyed only sparing patronage by UK courts, and then typically only when EU obligations required it. The HRA, however, by making the ECHR enforceable in UK courts, has introduced proportionality into UK public law to a degree some have called irreversible. Recent empirical research has indicated that no other principle has been more important in resolving conflicts between the interests of security and human rights.

Proportionality has been the deciding factor in cases involving derogations from the ECHR based on a state of emergency, clashes between ECHR rights, the treatment of immigrants, the wearing of religious apparel, and the rights of parents over frozen embryos. Unfortunately, UK courts receive very little guidance from the European Court of Human Rights on how to apply the principle. This book explores the implications of situating proportionality in domestic courts, analysing the theory of the principle as well the practice of it in some neighbouring states. It then explains how proportionality should be applied under the HRA in the UK, detailing how its application should differ for different rights, and how the interests of claimants and the state should be measured and weighed in a trial court setting. The book should be of interest to human rights practitioners as well as academics, not only in the UK but in any jurisdiction where proportionality plays a significant role in human rights adjudication.

Series: Human Rights Law in Perspective

£70.00
£58.33 + £11.66 VAT
(ePub)
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Governing (Through) Rights ISBN 9781849467391
Published July 2016
Hart Publishing
£50.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published July 2016
Hart Publishing
£41.66 + £8.33 VAT
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Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
Hart Publishing
£21.99
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
Hart Publishing
£49.99 + £10.00 VAT
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Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
Hart Publishing
£60.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
Hart Publishing
£24.99
Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
Hart Publishing
£50.00
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
Hart Publishing
£18.32 + £3.67 VAT
(ePub)
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Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£50.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Rights in Divided Societies ISBN 9781849461009
Published July 2012
Hart Publishing
£55.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£70.00
Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£35.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£55.00
£65.00
£41.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£70.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£65.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£60.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£65.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
Hart Publishing
£65.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£43.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£45.00