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Full Description
Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.
Contents
The concept of a lawful interference with fundamental rights, Helen Mountfield: overview; the contention meaning of "prescribed by law"; areas of potential change in English law. Identifying the principles of proportionality, Michael Fordham and Thomas de la Mare: introduction; proportionality - suggested principles; "Wednesbury" review; Luxembourg review; Strasbourg review; constitutional review; intensive domestic review; Human Rights Act review; proportionality under the 1998 Act - suggested rules. determining civil rights and obligations, Javan Herberg, Andrew Le Sueur and Jane Mulcahy: the gateway to Article 6.1 protection; the context of incorporation; "contestation"; "arguable" rights; determination; civil rights as "private rights"?; "recognised" by domestic law. Positive obligations under the convention, Keir Starmer: introduction; the theoretical basis for positive obligations; the scope of positive obligations under the convention; the duty to put in place a legal framework which provides effective protection for convention rights; the duty to prevent breaches of convention rights; the duty to provide information and advice relevant to a breach of convention rights; the duty to respond to breaches of convention rights; the duty to provide resources to individuals whose convention rights are at stake; the relationship between positive and negative obligations; conclusion. The "horizontal effect" of the Human Rights Act - moving beyond the public-private distinction, Murray Hunt: introduction; the range of opinions; commonwealth comparisons; the inappropriateness of the geometric metaphor; how should the common law be rendered compatible?. The place of the Human Rights Act in a democratic society, Rabinder Singh: the political and philosophical background to the relationship between fundamental human rights and democracy; the principles in the case-law of the European Court of Human Rights on the relationship between democracy and human rights; the Human Rights Act - a democratic bill of rights.
