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Making Rights Real: The Human Rights Act in its First Decade de Ian Leigh

Making Rights Real: The Human Rights Act in its First Decade: Human Rights Law in Perspective

Autor Ian Leigh, Roger Masterman
en Limba Engleză Hardback – 29 aug 2008
Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
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Specificații

ISBN-13: 9781841133539
ISBN-10: 1841133531
Pagini: 264
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.7 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Human Rights Law in Perspective

Locul publicării:London, United Kingdom

Cuprins

Part I: The Architecture of the Human Rights Act
1 Great Expectations
2 Human Rights and the Political Process
3 The Courts (I): Sources of law
4 The Courts (II): Interpretation and Its Limits
5 The Co-operative Constitution?

Part II: Domestic Remedies for Violations of Convention Rights
6 Public Law Remedies: the Scope and Standard of Judicial Review under the HRA
7 Human Rights and the Criminal Trial
8 Human Rights and Counter-Terrorist Measures
9 'Horizontal rights'
10 Civil Law Remedies
11 Conclusion

Recenzii

The breadth of the project is the book's main strength. It provides an excellent one-stop-shop for those wishing to obtain a detailed overview and evaluation of the Act, of its impact upon English law, and of academic commentary.Leigh and Masterman succeed in their objective of providing an excellent account of the extent to which Convention rights have been brought home in the first decade of the Human Rights Act.
The writing is lucid. The authors are experienced and knowledgeable in the field, and while their work is scholarly, the text is not overburdened.
...[includes] a wide-ranging survey of the Act's effect on private law covering privacy, contract, employment and property law.
Making Rights Real should appeal to a range of audiences as it contains an accessible outline of the HRA and discusses the most important cases that have arisen in the subsequent jurisprudence, both of which will be illustrative for new students of human rights law in the UK, and yet it simultaneously manages to develop more scholarly ideas of constitutional reform that will be of interest in a more academic forum.