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The Blackstone's Guide to the Human Rights Act 1998 provides clear, concise coverage of the operation and application of the Human Rights Act 1998, discussing the successes and failures of the Act and the debate surrounding its possible eventual replacement with a Bill of Rights.
The Guide assesses the case law of the European Court and analyses the impact of Convention rights in landmark domestic judgements across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights, and maps the UK and Strasbourg courts' divergence in approach to certain areas of human rights protection. It also highlights the aspects of the Act that the courts have not yet clarified.
The new edition of this popular Guide considers all relevant developments since the publication of the previous edition, including the government's proposals on a Commission for a Bill of Rights and possible changes to the Human Rights Act, and the developing contradictions between the jurisprudence of the European Court of Human Rights and domestic authorities.
It also covers the Strasbourg procedures, implementation of Protocol 14 on improving the efficiency of the European Court, as well as the possible implementation of further rights. It explains the relationship between the European Convention and the new EU Charter of Fundamental Rights and includes coverage of all significant cases in the European Court, Court of Appeal, and Supreme Court, including in the areas of privacy (MGN v UK), extradition (Norris v United States of America), criminal law (R v Horncastle), voting rights (Greens v UK), and housing (Manchester City Council v Watts).
The book contains a copy of the Human Rights Act 1998 as amended, and the European Convention for the Protection of Fundamental Rights and Freedoms.
1. Introduction Introduction Human Rights in the United Kingdom before the Human Rights Act The Incorporation of the Convention The Human Rights Act as a Constitutional Instrument Human Rights in the United Kingdom after the Human Rights Act The Institutional Framework - Creating a Culture of Respect for Human Rights The Future of Human Rights Protection in the United Kingdom
2. The Framework of the European Convention on Human Rights Introduction Interpreting the Convention The Scope of Convention Rights Restricting Convention Rights The Margin of Appreciation
3. The Framework of the Human Rights Act 1998
Introduction Summary of the Effects of the Human Rights Act Overview of the Key Provisions of the Human Rights Act The Human Rights Act Mechanism in Detail Public Authorities and the Human Rights Act: Meaning of 'Public Authority' and 'Functions of a Public Nature'
Private Parties and the Human Rights Act Exceptions and Special Cases
4. Enforcing the Human Rights Act Introduction The Appropriate Forum for an Argument under the Human Rights Act Standing: Who may bring Proceedings under the Human Rights Act?
Limitation Periods: Are there Time Limits for Bringing a Claim under the Human Rights Act?
Retrospectivity Interventions in Human Rights Act Cases Other Means of Enforcement by the Equality and Human Rights Commission Remedies Key Convention Concepts in the Domestic Courts Enforcement of the Human Rights Act in Summary
5. The Interaction Between Convention Principles and European Law Introduction The Developing Doctrine of Fundamental Rights in EC Law The European Charter of Fundamental Rights The Interaction of EC Law with Application of Convention Principles in UK Courts
6. The Convention Rights: Absolute Rights Introduction Article 1: Jurisdiction Article 2: Right to Life Article 3: Prohibition of Torture Article 4: Prohibition of Slavery and Forced Labour
7. The Convention Rights: Limited and Qualified Rights Introduction Article 5: Right to Liberty and Security Article 6: Right to a Fair Trial Article 7: No Punishment Without Lawful Authority Article 8: Right to Respect for Private and Family Life Freedom of Thought, Conscience, and Religion Article 10: Freedom of Expression Article 11: Freedom of Assembly and Association Article 12: Right to Marry Article 13: Right to an Effective Remedy Article 14: Prohibition on Discrimination Article 15: Exceptions in Time of War Article 16: Restrictions on Political Activity of Aliens Article 17: Prohibition of Abuse of Rights Article 18: Limitation on Use of Restrictions on Rights
8. The Convention Protocols Introduction Protocol 1, Article 1: Protection of Property Protocol 1, Article 2: The Right to Education Protocol 1, Article 3: Right to Free Elections Protocol 4
9. Beyond the Domestic Courts: Taking a Case to Strasbourg Introduction The Structure and Jurisdiction of the Court Making a Complaint Admissibility The Merits Stage Funding for Cases in Strasbourg Implementation of Judgments
10. Researching Human Rights Jurisprudence Introduction Convention Jurisprudence Finding Convention Case Law Finding Human Rights Act Materials
Appendix 1: Human Rights Act 1998
Appendix 2: European Convention for the Protection of Fundamental Rights and Freedoms