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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


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


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


Rights versus Devolution

Chris Himsworth

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0008
Subject:
Law, Human Rights and Immigration

In his book Charter versus Federalism (1992), Alan Cairns develops an inquiry into the impact of the Charter of Rights on Canadian federalism. This chapter uses Cairns's ideas as a basis for testing ... More


Tort Law and the Human Rights Act

Conor Gearty

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0013
Subject:
Law, Human Rights and Immigration

In the United Kingdom, the judges have long been engaged in the discharge of functions of a legislative as well as of a judicial character. Indeed, the responsibility of the English judges for the ... 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


Introduction: On Being Sceptical about Human Rights

Adam Tomkins

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0001
Subject:
Law, Human Rights and Immigration

Over the past two decades, human rights have come to enjoy an ever more dominant position in national constitutional or public law. This has been as true for Canada and New Zealand as it has been for ... More


Discrimination Law and the Human Rights Act 1998 *

Aileen McColgan

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0012
Subject:
Law, Human Rights and Immigration

The Human Rights Act 1998 incorporates into British Law Article 14 of the European Convention on Human Rights (ECHR), which provides that ‘the enjoyment of the rights and freedoms set forth in this ... More


Criminal Justice, Judicial Interpretation, Legal Right: On Being Sceptical about the Human Rights Act 1998 *

Alan Norrie

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0014
Subject:
Law, Human Rights and Immigration

This chapter discusses the Human Rights Act 1998 of the United Kingdom and its implications for criminal justice, and expresses scepticism about the Act based on the view that both the context of ... More


The Unbalanced Constitution

K. D. Ewing

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0006
Subject:
Law, Human Rights and Immigration

An attempt has been made by corporate interests in the United Kingdom to capture the Human Rights Act 1998, whose importance for commercial practice was quickly identified by city solicitors ... More


Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience

Alan C. Michaels

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the American answer to the question: when is strict liability constitutional? and the possible lessons for English law as the Human Rights Act 1998 gives it “a source of ... More


Sceptical Essays on Human Rights

Tom Campbell, Keith Ewing, and Adam Tomkins (eds)

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.001.0001
Subject:
Law, Human Rights and Immigration

The Human Rights Act 1998 of the United Kingdom is the latest in a wave of legislative and constitutional instruments that have been passed in a number of countries (including Canada, New Zealand and ... More


Constitutional Rights and Statutory Limitations

Julian Rivers

in Institutionalized Reason: The Jurisprudence of Robert Alexy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.003.0011
Subject:
Law, Philosophy of Law

Rights under the European Convention on Human Rights tend to be formulated broadly. Thus, the fundamental constitutional problem is not how to distinguish matters of constitutional right from matters ... More


The Case for Social Rights

K. D. EWING

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0017
Subject:
Law, Human Rights and Immigration

This chapter investigates the counter-intuitive and paradoxical position for someone opposed to the constitutional entrenchment of rights, namely that the entrenchment of rights is incomplete without ... More


The Australian Free Speech Experiment and Scepticism about the UK Human Rights Act

Adrienne Stone

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0021
Subject:
Law, Human Rights and Immigration

Australia might seem an unusual place to turn for a perspective on the likely operation of the Human Rights Act 1998 of the United Kingdom. There is no comprehensive Bill of Rights (statutory or ... More


The Interpretation of UK Domestic Legislation in the Light of the European Convention on Human Rights Jurisprudence

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0008
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines how the jurisprudence on the European Convention on Human Rights—which is a combination of the case laws of the Strasbourg Court and the United Kingdom courts on Convention ... More


Democratic Dialogue and UK Human Rights Law

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter sets out the array of human rights protections in the United Kingdom, examining the protections found in the Human Rights Act 1998, European Union law, and the common law. The chapter ... More


Incorporation through Interpretation

Tom Campbell

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0005
Subject:
Law, Human Rights and Immigration

The Human Rights Act 1998 (HRA) is widely regarded as a characteristically British compromise between giving human rights more weight in the United Kingdom polity and preserving the constitutional ... More


Accountability, Human Rights Adjudication and the Human Rights Act 1998

Alison L Young

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the extent to which human rights adjudication under the Human Rights Act 1998 has enhanced accountability. It argues that whilst legal accountability may have enhanced ... More


Free Speech

Joshua Rozenberg

in Privacy and the Press

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288472
eISBN:
9780191700507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288472.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

Freedom of expression is one of the essential foundations of a democratic society. That was said by the European Court of Human Rights as long ago as 1976; the judges who put their name to this ... More


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