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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Future of Human Rights in the United Kingdom

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Rabinder SinghVisiting Fellow, Queen Mary and Westfield College, London

ISBN13: 9781901362206
ISBN: 1901362205
Published: August 1997
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £40.00

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Originating from a series of public symposia at Queen Mary and Westfield College, this collection of essays sets out a vision of the future of human rights in the UK. The book seeks to dispel some of the myths about judicial protection of human rights. It examines the practical implications of incorporating the European Convention on human rights into domestic law, assessing the issues confronting the government in enacting a Human Rights Act. It also studies three specific rights: freedom of speech, privacy and freedom of movement, to see how they might develop in the future. The book suggests ways in which the courts' procedures could be improved to promote public interest litigation, especially in human rights cases, thus permitting the hearing of a greater number of important test cases.

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Human Rights and Civil Liberties
Part 1 The protection of human rights in English public law.
Part 2 How to incorporate the European Convention on Human Rights: introduction - the contents of an incorporation act; the purposes of incorporation; the mechanics of incorporation - eligibility to rely on the ECHR, on whom should the incorporation act be binding?, to what extent should the incorporation act be ""entrenched""?, what should the remedies for breach of the CHR under domestic law?, should there be a Human Rights Commission?, should there be a separate constitutional court?; conclusion.
Part 3 Of myth and reality - judges as guardians of human rights: the myth of adequate protection by ""Wednesbury""; unreasonableness; the myth of judicial supremacism; the myth of negative rights.
Part 4 The indirect regulation of speech - a time and a place for everything?: direct and indirect regulation; the American experience - content-based restrictions on speech, regulations of conduct which incidentally affect speech, content-neutral restrictions; an alternative scheme - a new classification, the appropriate degree of protection, ""necessary to serve a compelling interest"", the target of the regulation, the severity of the restriction, the timing of the restriction, the location of the expressive activity, the width of discretion vested in the state; a case study; conclusion.
Part 5 The protection of privacy in English public law.
Part 6 Freedom of movement as a human right in English law.
Part 7 The future of public interest litigation: introduction; public interest in the past; the private dispute model; the role of non-governmental organisations; supporting individuals; applications by groups; third-party intervention; conclusions.