Download or read book Full Horizontal Effect of Human Rights and Values in UK Law written by Uchenna Felix Aneto and published by Independently Published. This book was released on 2021-06-03 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: FULL HORIZONTAL EFFECT OF HUMAN RIGHTS AND VALUES IN UK LAWThis book focuses on UK human rights and tort law; and on the jurisprudence of the European Court of Human Rights. It provides detailed and comprehensive coverage of human rights and values in the private sphere. An introductory chapter explains the book's overarching aim, structure and contents in a clear and simple language, which makes it easy for the reader to understand the key arguments advanced in subsequent chapters. In addition, each chapter contains a brief introduction, which outlines its specific purpose, structure, and the complex issues it seeks to address. Each chapter also contains a conclusion that summarises all the main points in ways that make complex issues easy to understand. In addition, a concluding chapter collates all the key arguments advanced in the book, as a whole, which enables the reader to remember what matters. The book contains two main parts.KEY FEATURES OF THE BOOK The General Introduction Identifies the anodyne maxim that "all things are possible in UK law, even in human rights law, if the courts or the litigants try." PART A Identifies a clear and sound justification to abandon the "classic constitutional theory" in UK law or elsewhere. Provides a detailed analysis of the moral and politico-legal philosophy underpinning human dignity and equality and therefore human rights. Makes it easy for the reader to understand why every human being has inherent equal dignity and rights, which deserve to be given full and effective protection in UK law against private individuals and public authorities alike. Posits an entirely novel ground for the first ever legal use of human dignity, as a juridical concept, in the world. Claims that several writers of eminence and character have contributed to the understanding of human dignity, but that none of them noticed that the first ever legal use of human dignity or "indignity" was made here in Britain over 300 years ago, not elsewhere. PART B Clarifies the meaning of "full horizontal effect", given that some distinguished writers, interested in the concept, do not seem to understand its "proper" meaning and scope. Identifies six routes through which the ECHR rights and values have had, or can have, full horizontal effect in UK law. Provides a thorough analysis of each route, in ways that validate the maxim that all things are possible in UK law, if the courts or the litigants try. Relies on old and recent transformative tort cases, such as Robinson and Poole, to clarify the Caparo test, which was wrongly assumed to be tripartite in nature by some judges and previous writers. Identifies effective ways in which the UK courts can utilise ordinary principles of liability, such as third party liability and assumption of responsibility, to enjoin the police to stop domestic violence. Relies on recent HRA and European cases, such as Talpis and Kurt, to clarify that Osman has been radically relaxed in order to enjoin police officers, prosecutors and domestic courts across Europe to eliminate domestic violence or to restrain private individuals from violating Convention rights. Relies on latest cases, such as X and Others v Bulgaria, to demonstrate the apparent self-determination of some judges of the ECtHR to enjoin police officers, prosecutors and domestic courts to eliminate all forms of sexual abuse and violence against children. Analyses the "principle of complementarity" in a way that makes it easy for the reader to understand why it is necessary for common law principles and remedies and HRA/ECHR principles and remedies to complement each other in appropriate cases to achieve justice.
Download or read book The Impact of the UK Human Rights Act on Private Law written by David Hoffman and published by Cambridge University Press. This book was released on 2011-10-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
Download or read book The Limits to the Horizontal Effect of Human Rights in UK Law written by Uchenna Felix Aneto and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Limits to the Horizontal Effect of Human Rights in UK Law written by Uchenna Aneto and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights in the United Kingdom written by Richard John Francis Gordon and published by Oxford University Press, USA. This book was released on 1996 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to any discussion of the present status of the idea of human rights in the United Kingdom is the incorporation of the European Convention of Human Rights. Incorporation has widespread support, and such support should be accompanied by informed debate. In this stimulating collection ofessays, contributors such as Lord Bingham, Lord Lester QC, Andrew Marr of The Independent, and Ronald Dworkin, the highly respected legal theorist, present their arguments in favour of incorporation. The expression of their informed opinions and points of view results in a lively and readablebook.
Download or read book Extending Rights Reach written by Jud Mathews and published by Oxford University Press. This book was released on 2018-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Download or read book Judicial Reasoning under the UK Human Rights Act written by Helen Fenwick and published by Cambridge University Press. This book was released on 2007-09-06 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.
Download or read book Constitutional Interpretation in Singapore written by Jaclyn L Neo and published by Routledge. This book was released on 2016-06-17 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Download or read book British and Canadian Public Law in Comparative Perspective written by Ian Loveland and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.
Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by Oxford University Press, USA. This book was released on 2015 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a novel approach to cut through several enduring controversies in discrimination law theory, this book provides a sophisticated doctrinal and philosophical treatment of the key questions of discrimination law. It argues that the real point of discrimination law is to remove abiding, pervasive, and substantial relative group disadvantage.
Download or read book The Europeanisation of English Tort Law written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
Download or read book Putting Human Rights to Work written by Philippa Collins and published by Oxford University Press. This book was released on 2022-03-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.
Download or read book International Human Rights Law and Domestic Violence written by Ronagh J.A. McQuigg and published by Taylor & Francis. This book was released on 2011-04-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence? The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence
Download or read book Human Rights and Criminal Justice written by Ben Emmerson and published by Sweet & Maxwell. This book was released on 2012 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
Download or read book Land Law written by Chris Bevan and published by Oxford University Press. This book was released on 2022-04-07 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academically rigorous yet welcoming and fully attuned to the needs of the student reader, Chris Bevan's Land Law represents a new breed of textbook, blending traditional and contemporary teaching approaches to guide readers to a confident understanding of the subject. With its lively, engaging writing style - in which the author's enthusiasm is always apparent - and distinctive way of speaking directly to students, anticipating their questions and areas of confusion, Bevan's book does not simply set out the law but actively teaches it. Clear explanations are complemented by carefully-crafted visual aids, conveying key concepts in ways that all students can understand, and topics are broken down into sections that are easy to digest. This book maintains a critical emphasis and encourages students to consider and understand the law in context (both within society and their degree). 'Key case' boxes offer concise insights on leading cases that pique students' interest, spurring them to conduct their own reading of primary material, and although the book reflects on historical background in order to make sense of today's law, its overriding perspective is forward-looking, epitomized in the 'Future directions' conclusions for each chapter which consider future implications and likely reforms. Balancing brevity with detail and rigour with accessibility, Land Law is a truly modern textbook that supports and motivates its readers, allowing them to reap the rewards an understanding of this complex but fascinating subject will bring. Digital formats and resources The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with self-assessment activities, videos, podcasts, animated flowcharts, example legal documentation and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A comprehensive suite of additional resources to support the book are available online for all readers at www.oup.com/he/bevan3e/, including: - Self-test and scenario questions with feedback - Videos from the author - Animated flowcharts explaining cases and legislation - Podcasts from the author - Annotated examples of legal documents - Visual land law scenarios with prompts and guidance - Exclusive interviews between the author and lawyers on real-life cases - Downloadable figures from the book - Flashcard glossary
Download or read book Freedom of Religion and Belief written by Rinaldo Cristofori and published by Routledge. This book was released on 2016-12-05 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays and articles selected for this volume analyze what is generally understood by freedom of religion and belief in today’s world. The different aspects of this fundamental right are considered from the contents of freedom of religion, to the possible limitations of this freedom; and from the freedom of, or freedom from, conundrum to the question of the collective or individual right. This volume reflects legal, philosophical and international perspectives, addresses numerous unanswered questions and offers an effective overview of the current literature and debate in this aspect of the discipline of law and religion.
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
