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The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Roger Masterman and Ian Leigh (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.001.0001
Subject:
Law, Human Rights and Immigration

More than a decade after it came into force in October 2000 the Human Rights Act 1998 continues to divide opinion. Its supporters argue that the Act represents a subtle reconciliation of human rights ... More


Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

David Erdos

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.001.0001
Subject:
Political Science, Comparative Politics

This book explores bill of rights outcomes in four countries — Australia, Canada, New Zealand, and the United Kingdom — whose development exhibits an interesting combination of both commonality and ... More


The United Kingdom’s Human Rights Project in Constitutional and Comparative Perspective

Roger Masterman and Ian Leigh

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0001
Subject:
Law, Human Rights and Immigration

This chapter briefly traces the history of the Human Rights Act, contextualising the academic and popular debates which have seen the long-term future of the Act placed in doubt. It introduces some ... More


A Bill of Rights for the United Kingdom? Lessons from Overseas

Alice Donald

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0012
Subject:
Law, Human Rights and Immigration

The right to participate in choosing or changing a constitution is becoming established in law and theory. The means of realising that right in the formation of Bills of Rights, and the consequences ... More


Conservative Anti-HRA Rhetoric, the Bill of Rights ‘Solution’ and the Role of the Bill of Rights Commission

Helen Fenwick

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0013
Subject:
Law, Human Rights and Immigration

This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative ... More


The Human Rights Act, Dialogue and Constitutional Principles

Gavin Phillipson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0002
Subject:
Law, Human Rights and Immigration

This chapter considers the relationship between the Human Rights Act (HRA) and existing key principles of the UK constitution. It proposes that rather than asking how far the HRA is transforming the ... More


Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

Simon Evans and Julia Watson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0010
Subject:
Law, Human Rights and Immigration

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, ... More


The United Kingdom and the Human Rights Act (1998)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0007
Subject:
Political Science, Comparative Politics

This chapter examines the socio‐politics of bill of rights debates and outcomes in the United Kingdom including, in particular, the origins of the Human Rights Act (HRA) (1998). Following a brief ... More


Human Rights

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0011
Subject:
Political Science, Comparative Politics, UK Politics

Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth ... More


Cross-fertilisation of Constitutional Ideas: The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990

Petra Butler

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0011
Subject:
Law, Human Rights and Immigration

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an ... More


The Legal Protection of Human Rights: Sceptical Essays

Tom Campbell, K.D. Ewing, and Adam Tomkins (eds)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.001.0001
Subject:
Law, Human Rights and Immigration

Reacting to the poor record of the UK Human Rights Act 1998 and similar provisions in protecting human rights, this book explores ways of promoting human rights more effectively through political and ... More


Deconstructing the Mirror Principle

Roger Masterman

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0005
Subject:
Law, Human Rights and Immigration

The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of ... More


The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998

C. R. G. Murray

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0003
Subject:
Law, Human Rights and Immigration

Much of the judicial-dialogue debate implies that this process was initiated by the Human Rights Act, but developments since its enactment arguably refine the long-established process whereby the ... More


From Monologue to Dialogue: The Relationship between UK Courts and the European Court of Human Rights

Merris Amos

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0006
Subject:
Law, Human Rights and Immigration

In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of ... More


Human Rights

David Feldman

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0036
Subject:
Law, Legal History

This chapter focuses on the important contributions that the House has made to protecting human rights in the UK. In the last twenty years, and particularly since 2000, human rights have become ... More


Domestic Violence, Contact, and the ECHR

Shazia Choudhry

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0020
Subject:
Law, Family Law, Human Rights and Immigration

The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as ... More


Victims’ Rights in England and Wales at the Beginning of the Twenty-first Century

Paul Rock

in Understanding Social Change

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263143
eISBN:
9780191734939
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263143.003.0012
Subject:
Sociology, Social Research and Statistics

This chapter examines the way in which the victim of crime, the ‘forgotten party’ of the criminal justice system has started to regain something of the standing of an interested party with recognised ... More


The Victim and Human Rights

Paul Rock

in Constructing Victims' Rights: The Home Office, New Labour, and Victims

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199275496
eISBN:
9780191699832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275496.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the impact of the enactment of the Human Rights Act on the victims' rights issue in Great Britain. Though the Act was never explicitly intended for the victims of commonplace ... More


Principles of Human Rights Adjudication

Conor Gearty

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287222
eISBN:
9780191700422
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287222.001.0001
Subject:
Law, Human Rights and Immigration

The Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers believe that it is the greatest thing that they have done, ... More


The Impact of the Human Rights Act in Northern Ireland

Brice Dickson

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0011
Subject:
Law, Human Rights and Immigration

This chapter examines the impact on the Human Rights Act 1998 in Northern Ireland. The Act was passed at Westminster in the same month as the Northern Ireland Act 1998 and it incorporated into the ... More


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