Suchergebnisse

Defining the case against the Human Rights Act / Frederick Cowell -- The Magna Carta's tainted legacy : historic justifications for a British bill of rights and the case against the Human Rights Act / Colin Murray -- England's terror of the French revolution : the historical roots of resistance to the rights of man and the case against the Human Rights Act / Bill Bowring -- An ingenious failure? the Human Rights Act and parliamentary sovereignty / Stephen J. Dimelow -- Dialogue or dictat? : the nature of the interaction between national courts and the European Court of Human Rights and how it influences criticism of the Human Rights Act / Kanstantsin Dzehtsiarou -- Taking sovereignty seriously / Adam Tucker -- Terrorist threats, anti-terrorism, and the case against the Human Rights Act / Conor Gearty -- Deportation and the Human Rights Act : debunking the myths / Siobhan Lloyd --Welfare, anti-austerity, and gender : new territory and new sources of hostility for the Human Rights Act / Laura Lammasniemi -- Moving away from common sense : the impact of the juridification of human rights / Nicolas Kang-Riou -- "Why should criminals have human rights? " : the underserving rights holder and the case against the Human Rights Act / Fredercik Cowell -- The failure of the Human Rights Act to construct a "rights culture" in the UK / Trudy Morgan.

The Human Rights Act has been pivotal in protecting children against human rights abuses and upholding freedoms for almost two decades

Contains the text of the Human Rights Act 1998, the Articles and Protocols together with a concise explanation of key pointsThis centrally important handbook is of particular throughout 2000 as courts and practitioners working in the courts train for implementation of the Human Rights Act 1998. It focuses on the everyday magistrates' court jurisdiction (including criminal proceedings, youth courts, civil matters and family proceedings courts) and contains a wealth of information in summary form about:The European Convention On Human Rights The Human Rights Act 1998 Key concepts and jargon Basic principles and the need for a positive approach Comparison and compatibility with UK Law Convention rights: Article by Article - and in a snapshot Working examples and a guide to some everyday procedures Key UK and European legal rulings in outline The impact on judicial and administrative decision-making Human rights in and around the courtroom The effect on the family and youth court jurisdictions Human Rights and the Courts: Bringing Justice Home was devised in consultation with the Lord Chancellor's Department and Judicial Studies Board, and produced under the auspices of the Justices' Clerks' Society. The authors-all experienced Lawyers holding senior positions in the Magistrates' Courts Service-were members of the Working Group which produced the national Human Rights training materials for magistrates and their legal advisers.

The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other branches of government. This rigorous analysis of the relationship between proportionality and deference under the Human Rights Act sets out a model of proportionality, drawn from existing case law, which integrates deference within the multi-stage proportionality test. The model is 'institutionally sensitive' and can be applied to proportionality-based judicial review of all forms of government activity. The model is shown in operation in three fields that span the full range of government activity: immigration (administrative action), criminal justice (legislation) and housing (multi-level decisions)

The Labour government has quickly acted on its election promise to introduce a bill of rights into domestic law. The Human Rights Act 1998 partially incorporates the European Convention on Human Rights (ECHR) into United Kingdom law. This legislation is part of a wider constitutional package including devolved government for Scotland and Wales and reform of the House of Lords. The government's programme is intended to modernise and indeed transform the British constitutional structure. According to the government, the Human Rights Act will bring rights home. Individuals will be able to argue for their Convention rights in the United Kingdom's own courts and tribunals and judges will be able to adjudicate directly on Convention issues. All new laws will be carefully scrutinised to ensure compatibility with Convention rights.

It is now over fifteen years since the Human Rights Act was enacted in November 1998. Although in legal terms it is difficult to argue with the proposition that the Act is working in an effective manner, in political terms the Act remains one of the most highly debated pieces of legislation on the UK statute books. In recent years there have been numerous calls for the repeal of the Act, and for its replacement with a 'UK Bill of Rights'. Such calls led to the establishment of a Commission on a Bill of Rights, which issued its final report in December 2012. Little progress has since been made on the issue. One notable occurrence however was the introduction of the Human Rights Act 1998 (Repeal and Substitution) Bill, a Private Member's Bill which was eventually withdrawn in March 2013. This article seeks to assess the current situation regarding the bill of rights debate, and ultimately the question of the future prospects of the Human Rights Act, an issue of immense legal significance. Overall, it will be questioned whether the enactment of a UK Bill of Rights would constitute an improvement on the current position under the Human Rights Act.