European human rights law : the Human Rights Act 1998 and the European Convention on Human Rights
著者
書誌事項
European human rights law : the Human Rights Act 1998 and the European Convention on Human Rights
(LAG books)
Legal Action Group, 1999
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注記
Includes index
内容説明・目次
内容説明
The Human Rights Act 1998 imposes radical changes on UK law and practice: all statutes have to be reinterpreted to "read in" human rights, all public authorities (including the courts) have to comply with the European Convention on Human Rights - there is a new right of action against those who fail to do so - and breach of a Convention right is a defence in criminal and civil proceedings. The Act incorporates into UK law not only the Convention itself, but also the extensive case-law of the European Court and Commission of Human Rights. Presenting a detailed analysis of the Human Rights Act 1998 and the case law of the European Court and Commission of Human Rights, this book draws on all 1500 cases (reported and unreported) from Strasbourg which affect UK civil and criminal law. They are set out in a way designed to enable practitioners and advisers to concentrate on those cases most relevant to their area of practice.
目次
- Part 1 Introduction to the Human Rights Act 1998 and the European Convention on Human Rights: the Human Rights Act 1998 - general principles
- making a claim under the Human Rights Act 1998
- Convention rights - an overview
- the Strasbourg approach to the protection of Convention rights
- positive obligations under the Convention. Part 2 The European Convention on Human Rights and criminal law: the Convention in criminal proceedings - an introduction
- the pre-trial stage
- fair-trial guarantees
- evidence in criminal cases
- appeals. Part 3 The European Convention on Human Rights and civil proceedings: the Convention in civil proceedings - an introduction
- civil rights and obligations - the public/private-law divide
- civil litigation. Part 4 The European Convention on Human Rights - specific issues: the right to life
- police powers and the Convention
- prisoners
- mental health
- immigration, asylum, extradition and deportation
- family law
- children
- education
- privacy
- sexuality and sexual orientation
- access to information
- environmental issues
- workplace rights
- housing
- welfare benefits and related issues
- freedom of expression
- the media
- protests, demonstrations and public order
- property rights
- commercial activities and tax
- religion
- discrimination. Part 5 Pursuing a case to Strasbourg: the practice and procedure of the European Court of Human Rights. Appendices: the Human Rights Act 1998
- the European Convention on Human Rights
- Court rules
- Committee of Ministers' rules
- Court legal-aid rules
- complaint form
- form of authority.
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