The Law of Human Rights

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Format: Hardcover
Pub. Date: 2000-11-30
Publisher(s): Oxford University Press
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Summary

This major new practitioner text provides comprehensive and systematic treatment of human rights law and practice in the UK, including detailed analysis of the impact of the incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998. The first section deals with the nature of rights, problems of incorporation, the impact of the Convention prior to incorporation and the interpretation of human rights instruments. The main part of the book consists of a detailed analysis of the rights granted by the Convention, and the effects of their incorporation. Each chapter in this section focuses upon a particular right, and contains a discussion of the pre-existing status of the right in English law, a thoroughanalysis of the European case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to a number of subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health,police and prisoners. Each chapter has detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. The book also has a section dealing with remedies and procedure under the Human Rights Act and the procedure for taking cases to the European Court of Human Rights. Regular paperback supplements will be published to keep the book fully up to date with relevant case-law and related legislation as the implementation of the new Act proceeds.

Author Biography


Richard Clayton is a practicing Barrister at Devereux Chambers, Temple, and Hugh Tomlinson is a practicing Barrister at New Court Chambers, Gray's Inn; they have both been involved in a wide range of civil liberties and human rights cases.

Carol George practiced law as a solicitor and barrister in Canada before pursuing an academic career in the field of public international law.

Table of Contents

Note on Materials vii
Table of Admissible United Kingdom Cases before the European Court of Human Rights
xix
Appendices
United Kingdom Materials
Human Rights Act 1998
1(22)
Rights Brought Home: The Human Rights Bill (1997) Cm 3782
23(14)
Rules of Court and Practice Directions under the Human Rights Act
37(6)
Practice Direction: Devolution Issues (and Crown Office applications in Wales)
43(12)
European Materials
Convention for the Protection of Human Rights and Fundamental Freedoms, with Protocols
55(22)
European Court of Human Rights: Rules of Court
77(30)
European Social Charter 1961
107(20)
United Nations Materials
Universal Declaration of Human Rights 1948
127(4)
Convention Relating to the Status of Refugees 1951
131(12)
International Convenant on Civil and Political Rights 1966
143(16)
International Covenant on Economic, Social and Cultural Rights 1966
159(8)
International Convention on the Elimination of All Forms of Racial Discrimination 1966
167(10)
Convention on the Elimination of All Forms of Discrimination against Women 1979
177(8)
Convention on the Rights of the Child 1989
185(14)
Domestic Bills of Rights
Canadian Charter of Rights and Freedoms (Part I, Constitution Act 1982)
199(6)
Constitution of India (Part III, Fundamental Rights, Arts 12-35)
205(10)
Irish Constitution (Chapter XII, Fundamental Rights, Arts 40-44)
215(4)
New Zealand Bill of Rights Act 1990
219(6)
Constitution of the Republic of South Africa 1996 (Chapter 2, Bill of Rights, ss 7-39)
225(10)
Constitution of United States of America: Bill of Rights and Thirteenth to Fifteenth Amendments
235(4)
Constitution of Zimbabwe (Chapter III, Declaration of Rights, ss 11-26)
239(16)
Select Bibliography 255

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