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Using Human Rights Law in English Courts


ISBN13: 9781901362725
ISBN: 1901362728
Published: March 1997
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £69.99



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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 Engl

Subjects:
Human Rights and Civil Liberties
Contents:
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.