9780199574421

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. This new edition of theBlackstone's Guide to the Human Rights Act 1998provides clear, concise coverage of the operation and application of the Human Rights Act 1998. In a time of uncertainty about the future of human rights in the UK, this edition discusses the successes and failures of the Act and its possible replacement with a Bill of Rights. TheGuideassesses the case law of the European Court and analyzes the impact of Convention rights in landmark domestic judgements across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights, and maps the UK and Strasbourg courts' divergence in approach to certain areas of human rights protection. It also highlights the aspects of the Act that the courts have not yet clarified. The book contains a copy of the Human Rights Act 1998 as amended, the European Convention for the Protection of Fundamental Rights and Freedoms.

John Wadham is a Solicitor and the Group Legal Director of the Equality and Human Rights Commission. Previously he has been the Deputy Chair of the Independent Police Complaints Commission and the Director of Liberty. He is one of the authors of: the Blackstone's Guide to the Human Rights Act 1998, 4th edition (OUP, 2007); the Blackstone's Guide to the Freedom of Information Act 2000, 3rd edition (OUP, 2007); and the Blackstone's Guide to the Identity Card Act 2006 (OUP, 2006).
Helen Mountfield is a barrister at Matrix Chambers (call 1991). Helen focuses primarily on public law, particularly judicial review, but also has a substantial practice in employment law, election law and information law. Issues of human rights, discrimination and EU law intersect across her whole practice. She is one of the authors of the Blackstone's Guide to the Human Rights Act 1998, 4th edition (OUP, 2007).
Caoilfhionn Gallagher is a barrister at Doughty Street Chambers (call 2001). She is a human rights and civil liberties specialist. She has a predominantly public law practice, particularly judicial review in the areas of prison law and community care. She is one of the authors of the Blackstone's Guide to the Human Rights Act 1998, 4th edition (OUP, 2007); and the Blackstone's Guide to the Identity Card Act 2006 (OUP, 2006).
Elizabeth Prochaska is a barrister at Matrix Chambers (call 2007) where she focuses on human rights, public and employment law.

Introduction
Introduction
Human Rights in the United Kingdom before the Human Rights Act
The Incorporation of the Convention
The Human Rights Act as a Constitutional Instrument
Human Rights in the United Kingdom after the Human Rights Act
The Institutional Framework - Creating a Culture of Respect for Human Rights
The Future of Human Rights Protection in the United Kingdom
The Framework of the European Convention on Human Rights
Introduction
Interpreting the Convention
The Scope of Convention Rights
Restricting Convention Rights
The Margin of Appreciation
The Framework of the Human Rights Act 1998
Introduction
Summary of the Effects of the Human Rights Act
Overview of the Key Provisions of the Human Rights Act
The Human Rights Act Mechanism in Detail
Public Authorities and the Human Rights Act: Meaning of 'Public Authority' and 'Functions of a Public Nature'
Private Parties and the Human Rights Act
Exceptions and Special Cases
Enforcing the Human Rights Act
Introduction
The Appropriate Forum for an Argument under the Human Rights Act
Standing: Who may bring Proceedings under the Human Rights Act?
Limitation Periods: Are there Time Limits for Bringing a Claim under the Human Rights Act?
Retrospectivity
Interventions in Human Rights Act Cases
Other Means of Enforcement by the Equality and Human Rights Commission
Remedies
Key Convention Concepts in the Domestic Courts
Enforcement of the Human Rights Act in Summary
The Interaction Between Convention Principles and European Law
Introduction
The Developing Doctrine of Fundamental Rights in EC Law
The European Charter of Fundamental Rights
The Interaction of EC Law with Application of Convention Principles in UK Courts
The Convention Rights: Absolute Rights
Introduction
Jurisdiction
Right to Life
Prohibition of Torture
Prohibition of Slavery and Forced Labour
The Convention Rights: Limited and Qualified Rights
Introduction
Right to Liberty and Security
Right to a Fair Trial
No Punishment Without Lawful Authority
Right to Respect for Private and Family Life
Freedom of Thought, Conscience, and Religion
Freedom of Expression
Freedom of Assembly and Association
Right to Marry
Right to an Effective Remedy
Prohibition on Discrimination
Exceptions in Time of War
Restrictions on Political Activity of Aliens
Prohibition of Abuse of Rights
Limitation on Use of Restrictions on Rights
The Convention Protocols
Introduction
Protocol 1, Article 1: Protection of Property
Protocol 1, Article 2: The Right to Education
Protocol 1, Article 3: Right to Free Elections
Protocol 4
Protocol 6
Protocol 7
Protocol 12
Protocol 13
Beyond the Domestic Courts: Taking a Case to Strasbourg
Introduction
The Structure and Jurisdiction of the Court
Making a Complaint
Admissibility
The Merits Stage
Funding for Cases in Strasbourg
Implementation of Judgments
Researching Human Rights Jurisprudence
Introduction
Convention Jurisprudence
Finding Convention Case Law
Finding Human Rights Act Materials
Human Rights Act 1998
European Convention for the Protection of Fundamental Rights and Freedoms
Table of Contents provided by Publisher. All Rights Reserved.

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Blackstone's Guide to the Human Rights Act 1998

Blackstone's Guide to the Human Rights Act 1998

0199574421

Summary

Author Biography

Table of Contents

Supplemental Materials