Blackstone's Guide to the Human Rights Act 1998

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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, ...

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Overview


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. 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.

The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

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Product Details

  • ISBN-13: 9781841741734
  • Publisher: Oxford University Press
  • Publication date: 1/1/2000
  • Edition description: REV
  • Edition number: 2
  • Pages: 368

Meet the Author

John Wadham, Human Rights Consultant and Associate of Doughty Street Chambers, ,Helen Mountfield QC, Barrister, Matrix Chambers,Elizabeth Prochaska, Barrister, Matrix Chambers,Raj Desai, Barrister, Matrix Chambers

John Wadham was, until recently, the Executive Director of INTERIGHTS (the Centre for the Legal Protection of Human Rights. Previously he has been the General Counsel of the Equality and Human Rights Commission (EHRC) and the Director of Liberty. He is a recognized expert on human rights and equality and is currently a consultant for the Council of Europe and an Associate of Doughty Street Chambers. He has acted for clients in most of the courts and tribunals in this country, including the Court of Appeal and House of Lords, and has also specialized in cases before the European Court of Human Rights in Strasbourg. He is the co-author of Blackstone's Guide to the Equality Act and Blackstone's Guide to the Freedom of Information Act. John was also a member of the Government's Human Rights Act Task Force.

Helen Mountfield QC was a founder member of Matrix Chambers. She is a bencher of Gray's Inn and sits as a deputy High Court judge and as a civil and criminal recorder. Helen focuses primarily on public law, but also has a substantial practice in employment law, election law, and information law. Issues of human rights, discrimination, and EU law intersect across her whole practice.

Elizabeth Prochaska is a barrister at Matrix Chambers, where she focuses on human rights, public, and equality law.

Raj Desai is a barrister at Matrix Chambers, practising in public law and human rights. He is also a senior retained lecturer in public law at Pembroke College, Oxford.

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Table of Contents

1. Introduction
2. The Framework of the European Convention on Human Rights
3. The Framework of the Human Rights Act
4. Enforcing the Human Rights Act
5. The Interaction between Convention Principles and European Law
6. The Convention Rights: Absolute Rights
7. The Convention Rights: Limited and Qualified Rights
8. The Convention Protocols
9. Beyond the Domestic Courts: Taking a Case to Strasbourg
10. Researching Human Rights Jurisprudence
Appendix 1: Human Rights Act 1998 (as amended)
Appendix 2: European Convention for the Protection of Fundamental Rights and Freedoms

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