HUMAN RIGHTS UK SUPREME COURT C

Erscheinungsjahr 2013
ISBN: 978-0-19-969745-8
Verlag: ACADEMIC

Buch, Englisch, 472 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 987 g

How does the UK Supreme Court approach human rights law? This book presents the first comprehensive overview of the human rights jurisprudence of the Court, analysing the opinions expressed by the current Justices and their predecessors, both judicially and extra-judicially. It criticizes the judges for not developing the common law in a way which supplements the Human Rights Act, for not making imaginative enough use of that Act, and for adopting an attitude to Convention rights which is often out of step with the jurisprudence of the European Court of Human Rights in Strasbourg.

After setting the scene by explaining the constraints which are placed on the Supreme Court Justices, the book considers how human rights are conceptualized by the Court in general and how in particular the procedural questions thrown up by the Human Rights Act have been dealt with so far. It then examines on a right-by-right basis the Justices' position on all the Convention rights and those additional international human rights standards which have been incorporated into UK law. Focusing on the views expressed by individual judges, the book details the many differences of opinion which have come to light and characterizes the prevailing positions, before attempting to predict what stance may be adopted in future on new issues.

The book offers an invaluable resource for any practitioners bringing human rights cases before the Court, and its critical arguments on the state of UK human rights law will be essential reading for all academics working in European human rights law.

Zielgruppe

Scholars, legal academics, and advanced students in the fields of human rights, constitutional & administrative law, public international law, comparative law, and common law legal systems; judges and practitioners working in UK human rights law.

Autoren/Hrsg.

Dickson

Dickson, Brice

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

- 1: Introduction

- 2: The Supreme Court and its Conception of Human Rights

- 3: Approaches to the Human Rights Act

- 4: The Right to Life

- 5: The Right not to be Ill-Treated

- 6: The Right to Liberty

- 7: The Right to a Fair Trial

- 8: The Right to a Private and Family Life

- 9: The Rights to Believe, Associate, and Marry

- 10: The Right to Free Speech

- 11: Equality and Freedom from Discrimination

- 12: The Right to Property

- 13: Conclusion

- Appendices

- 1: Law Lords and Justices since the enactment of the Human Rights Act 1998

- 2: Biographies of current Supreme Court Justices

- 3: Decisions by the House of Lords or Supreme Court considered by the European Commision or Court of Human Rights

- Bibliography

Über Autor(innen)

Brice Dickson is Professor of International and Comparative Law at Queen's University Belfast and a former Chief Commissioner of the Northern Ireland Human Rights Commission. He has published widely on human rights and on judicial activism, particularly at the level of the House of Lords and Supreme Court.