European Convention on Human Rights Act: Operation, Impact and Analysis

The European Convention on Human Rights Act: Operation, Impact and Analysis by de Londras and Kelly is the first book focusing exclusively on a thorough analysis of the operation and impact of the Act.

It not only provides an extensive assessment of the contents of the Act itself, but also includes critical analysis of the impact the Act has had on litigation, politics and the realisation of rights in practice.

Helps clarify the status of the Convention in Irish Law by:

• Defining the scope of the 2003 Act, including its territorial scope and retrospective application.
• Examining the complex relationship between the European Convention on Human Rights Act and the Irish Constitution.
• Detailing the role of the Irish Human Rights Commission and the Attorney General in proceedings under the 2003 Act.
• Critically analysing the impact and effectiveness of the 2003 Act on the Irish legislative processes.
• Examining and analysing the relationship between the Act and the Convention itself, including the role of the jurisprudence of the European Court of Human Rights in ECHR Act proceedings.

Helps you fully understand the operation of the Act so as to maximise its potential to effectively protect individual rights:

• Defines and analyses the obligation on courts to interpret and apply statutory provisions and rules of law in a manner compatible with the State’s obligations under the Convention.
• Examines the extent to which Irish courts must take account of the jurisprudence of the European Court of Human Rights.
• Analyses how certain Convention principles such as the margin of appreciation and proportionality should be interpreted and applied by the Irish courts.
• Identifies clearly the requirements for and the implications of the making of a declaration of incompatibility.
• Clarifies the availability of damages and injunctive relief under the 2003 Act when there has been a breach of Convention rights. Includes an examination of important case law such as Carmody v Minister for Justice, Equality and Law Reform, Meadows v Minister for Justice, Equality and Law Refrom, Pullen v Dublin City Council, Foy v An t-Ard Chláiraitheoir and McD v L.