Subjects:

Irish Law

Contents:

Introduction

The ECHR Act 2003: A Critical Perspective

Incorporation of the ECHR: Some Issues of Methodology and Process

ECHR and the European Union

Immigration, Refugee and Asylum Law

Child Law

Family Law

Criminal Law

Criminal Law: the Criminal Justice Act 2006 and Criminal Justice Act 2007

Detention

Discrimination Law

Privacy and Media Law

Property, Housing and Environment

Prisoners’

Rights

Suspicious Deaths and Policing

Judicial Perspective

Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, a raft of new legislation in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Recent legal developments have highlighted that there is now greater potential for using ECHR to positive effect in Irish law.

This second edition of ECHR and Irish Law examines the impact of the Act on Irish law and what the effects in case law have been. The work begins with research on the impact of the Act. It includes discussion on the relationship between the ECHR and the Constitution post-incorporation, considering case law in which the Convention has been an issue. It also analyses the latest developments on the Charter of Fundamental Rights and Freedoms.

There follows an examination of the effect of the new Act upon individual areas of Irish law. The book has been revised to include new and expanded chapters on:

• Administrative Law
• Prisoners’ Rights
• Suspicious Deaths and Policing
• Immigration, Refugee and Asylum Law
• A second Crime chapter focusing on the Criminal Justice Act 2006 and Criminal Justice Act 2007
• Child law and Family law in two separate chapters

Written by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and its impact on Irish Law in practice.