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Introduction

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The aim of this book is to discuss the most abstract and general issues that the interpretation of the European Convention on Human Rights (ECHR) raises. The more important the ECHR becomes in ... More


Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights

Sandy Ghandhi

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0043
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on the decision of the European Court of Human Rights in Al-Skeini on the extra-territorial scope of the European Convention on Human Rights. The Al-Skeini case concerned the ... More


Human Rights and Their Enforcement

John Finnis

in Human Rights and Common Good: Collected Essays Volume III

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580071
eISBN:
9780191729393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580071.003.0002
Subject:
Law, Philosophy of Law

The Maccabaean Lecture in Jurisprudence for 1985, this chapter is in part a response to Ronald Dworkin's Maccabaean Lecture for 1977, and to Patrick Devlin's famous Maccabaean Lecture for 1959. It ... More


The Way We Live Now: Human Rights in the New Millennium *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0011
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

This chapter, again supporting incorporation, looks at Britain's experience as a defendant in the European Court of Human Rights at Strasbourg, ... More


Procedural Fairness in Europe: The European Convention on Human Rights and the European Union

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0007
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter discusses the approach taken to procedural fairness within the European Convention on Human Rights (ECHR) and the European Union. The provision for procedural fairness is made in Article ... More


The European Convention on Human Rights: Time to Incorporate *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0009
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

If one has the misfortune to be involved in a trial in court, one wants the trial to be fairly conducted. The problem is: how are these ... More


Due Process and Fair Procedures: A Study of Administrative Procedures

D. J. Galligan

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Due process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of ... More


Religious Remnants in the Composition of the United Kingdom Parliament

Peter W. Edge

in Law and Religion: Current Legal Issues 2001 Volume 4

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199246601
eISBN:
9780191697616
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246601.003.0024
Subject:
Law, Philosophy of Law

The most powerful lawmaking body in the United Kingdom is Parliament, which can make or unmake any law within the United Kingdom jurisdictions by Act of Parliament. This chapter considers the ... More


Modernizing Legislation: Signposts Along the Path

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0013
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter traces a number of developments designed to improve the statute book in the United Kingdom and in the Commonwealth. These developments include the Tax Law Rewrite—a project for ... More


Independence of the Judiciary and the Role of Parliaments

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter describes the principle of judicial independence, which is enshrined in the Constitutional Reform Act 2005. It makes the important distinction between the individual independence of the ... More


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