Human rights law

著者

書誌事項

Human rights law

Merris Amos

Hart, 2006

  • : paper
  • : hbk

大学図書館所蔵 件 / 全7件

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注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: hbk ISBN 9781841132327

内容説明

"Human Rights Law" is the first book in which the interpretation and application of the Human Rights Act 1998 by the courts in England and Wales is comprehensively examined and analysed. Part I of the book concerns the Human Rights Act itself including the background to the Act and key principles of interpretation. Also examined in this part are: the benefit and burden of Convention rights; the identification of activities to which the Act applies; the process of determining incompatibility, encompassing the principles of proportionality and judical deference; and the defence of primary legislation. This part concludes with a discussion of the remedies available for a breach of Convention rights including a detailed examination of the power to award damages under the Act. In Part II of the book, the application and interpretation of the Convention rights themselves by the courts in England and Wales is examined. Included in this part are: the right to life; the right to freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; the right to a fair trial; the rights to respect for private life, family life and home; the right to freedom of expression; the prohibition of discrimination in securing Convention rights; and the right to the peaceful enjoyment of possessions. Each right is considered separately with a particular focus on its interpretation and practical application in the domestic context. "Human Rights Law" will be of particular interest to teachers and students of domestic human rights law, constitutional law and administrative law. It will also be of considerable relevance to practitioners working in the area.
巻冊次

: paper ISBN 9781841133249

内容説明

Human Rights Law is the first book in which the interpretation and application of the Human Rights Act 1998 by the courts in England and Wales is comprehensively examined and analysed. Part I of the book concerns the Human Rights Act itself including the background to the Act and key principles of interpretation. Also examined in this part are: the benefit and burden of Convention rights; the identification of activities to which the Act applies; the process of determining incompatibility, encompassing the principles of proportionality and judicial deference; and the defence of primary legislation. This part concludes with a discussion of the remedies available for a breach of Convention rights including a detailed examination of the power to award damages under the Act. In Part II of the book, the application and interpretation of the Convention rights themselves by the courts in England and Wales is examined. Included in this part are: the right to life; the right to freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; the right to a fair trial; the rights to respect for private life, family life and home; the right to freedom of expression; the prohibition of discrimination in securing Convention rights; and the right to the peaceful enjoyment of possessions. Each right is considered separately with a particular focus on its interpretation and practical application in the domestic context. Human Rights Law will be of particular interest to teachers and students of domestic human rights law, constitutional law and administrative law. It will also be of considerable relevance to practitioners working in the area.

目次

  • Preface
  • Table of Cases
  • Table of Statutes
  • Table of International Legislation PART I: THE HUMAN RIGHTS ACT 1 Background and Interpretation 2 The Benefit and Burden of the Human Rights Act 3 The 'Acts' to which the Human Rights Act Applies 4 Determining Incompatibility 5 The Defence of Primary Legislation 6 Remedies PART II: THE CONVENTION RIGHTS 7 Article 2: The Right to Life 8 Article 3: Prohibition of Torture and Inhuman or Degrading Treatment or Punishment 9 Article 5: The Right to Liberty and Security 10 Article 6: The Right to a Fair Trial 11 Article 8: The Right to Respect for Private Life 12 Article 8: The Right to Respect for Family Life 13 Article 8: The Right to Respect for Home 14 Article 10: The Right to Freedom of Expression 15 Article 14: Prohibition of Discrimination 16 Article 1 Protocol No 1: Protection of Property

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