基本説明
This book is a reprint of the chapter on Fair Trial Rights from the authors' major practitioner text, "The Law of Human Rights".
Full Description
This book is a reprint of the Chapter on Fair Trial Rights from the authors' major practitioner text, The Law of Human Rights; its separate publication in this form is intended to make it accessible to those who might not want to buy the larger work. It provides a comprehensive and systematic treatment of human rights law and practice in the UK in relation to fair trial rights, including detailed analysis of the impact of the Human Rights Act 1998. The book contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European Convention case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to the applicable general principles but also in respect of a number of specific subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners. There are detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of fair trial rights in other jurisdictions.
It is the only book which provides a detailed analysis of this centrally important Convention right, and is likely to be of interest to criminal practitioners, public lawyers and anyone involved in professional discipline or regulation.
Contents
A. THE NATURE OF THE RIGHTS; B. THE RIGHTS IN ENGLISH LAW BEFORE THE HUMAN RIGHTS ACT; (1) Introduction; (2) Right of access to the Courts; (3) Fair trial rights in general; (4) Fair trial rights in criminal cases; (5) Retrospective criminal laws; C. THE LAW UNDER THE EUROPEAN CONVENTION; (1) Introduction; (2) Proceedings covered by Article 6; (3) Article 6(1) guarantees; (4) Minimum standards of fairness in criminal proceedings; (5) The provisions of Article 7; D. THE IMPACT OF THE HUMAN RIGHTS ACT; (1) Introduction; (2) United Kingdom cases prior to the Human Rights Act; (3) General impact issues; (4) Specific areas of impact; APPENDIX 1. THE CANADIAN CHARTER OF RIGHTS; (1) The scope of the rights; (2) Criminal trial guarantees; (3) Freedom from self-incrimination; APPENDIX 2. THE NEW ZEALAND BILL OF RIGHTS ACT; (1) Introduction; (2) The guarantees; APPENDIX 3. HUMAN RIGHTS CASES IN OTHER JURISDICTIONS; (1) Introduction; (2) Australia; (3) Bermuda; (4) Hong Kong; (5) India; (6) Ireland; (7) Jamaica; (8) Mauritius; (9) Namibia; (10) Pakistan; (11) Singapore; (12) South Africa; (13) Sri Lanka; (14) Trinidad and Tobago; (15) Zimbabwe
