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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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Principles of Human Rights Adjudication


ISBN13: 9780199270682
ISBN: 0199270686
Published: April 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780199287222



The Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers beieve that it is the greatest thing that they have done, whereas others view it as a dangerous mistake. This volume explains what the Act is about, where it fits into Britain's constitutional tradition, and explores whether or not it has achieved its goals. The Act has now been in force for three years, and a large body of case law has built up around it. It has enjoyed its fair share of controversies and has produced its own range of disappointments.

The Act has become part and parcel of law courses in all universities, and has attracted the attention of practitioners from all areas of practice. It is now part of Britain's constitutional furniture, of interest and relevance not only to lawyers but also to political scientists, contemporary historians, and the general public. This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order. It locates the measure in its political and historical context and analyses the case law from the perspective not only of principle but also of practical experience. It examines the effect of the Act, and

Subjects:
Human Rights and Civil Liberties
Contents:
PART ONE: INTRODUCTION
1. MAKING SENSE OF THE HUMAN RIGHTS ACT
2. THE IMPOSSIBLE DEMAND: HUMAN RIGHTS AND REPRESENTATIVE DEMOCRACY
PART TWO: THE CORE PRINCIPLES
3. THE PRINCIPLE OF RESPECT FOR CIVIL LIBERTIES
4. THE PRINCIPLE OF LEGALITY
5. THE PRINCIPLE OF HUMAN DIGNITY
PART THREE: APPLYING THE CORE PRINCIPLES
6. THE ASPIRATION OF INSTITUTIONAL COMPETENCE
7. THE ASPIRATION OF PROPORTIONATE INTRUSION
8. THE ASPIRATION OF ANALYTICAL COHERENCE
PART FOUR: CONCLUSION
8. JUDGING THE HUMAN RIGHTS ACT