Using human rights law in English courts

著者

書誌事項

Using human rights law in English courts

Murray Hunt

Hart Pub., 1998

  • : pbk

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注記

Originally published: 1997

Includes index

内容説明・目次

内容説明

The primary purpose of this book is to demonstrate the scope that already exists for using international human rights law in English courts, regardless of its status as 'incorporated' or 'unincorporated'. Murray Hunt addresses directly what are commonly supposed to be the theoretical obstacles to using human rights law in English courts and aims to raise awareness of the extent to which these have now fallen away in light of recent developments in English judicial practice. The book was first published in hardback in March 1997.

目次

  • The protection of human rights in English public law. How to incorporate the European Convention on human rights: introduction - the contents of an incorporation act
  • the purposes of incorporation
  • the mechanics of incorporation - eligibility to rely on the ECHR, on whom should the incorporation act be binding?, to what extent should the incorporation act be "entrenched"?, what should be the remedies for breach of the ECHR under domestic law?, should there be a Human Rights Commission?, should there be a separate constitutional court?
  • conclusion. Of myth and reality - judges as guardians of human rights: the myth of adequate protection by "Wednesbury"
  • unreasonableness
  • the myth of judicial supremacism
  • the myth of negative rights. The indirect regulation of speech - a time and a place for everything?: direct and indirect regulation
  • the American experience - content-based restrictions on speech, regulations of conduct which incidentally affect speech, content-neutral restrictions
  • an alternative scheme - a new classification, the appropriate degree of protection
  • "necessary to serve a compelling interest" - the target of the regulation, the severity of the restriction, the timing of the restricting, the location of the expressive activity, the width of discretion vested in the state
  • a case study
  • conclusion. The protection of privacy in English public law. Freedom of movement as a human right in English law. The future of public interest litigation: introduction
  • public interest litigation in the past
  • the private dispute model
  • the role of non-governmental organisations - supporting individuals, applications by groups
  • third-party intervention
  • conclusions.

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