The Law of Human Rights by Richard Clayton; Hugh Tomlinson; Carol George (As told to); Vina Shukla (As told to)Call Number: KD4080 .C53 2000 (Fifth Fl.)
ISBN: 9780198262237
Publication Date: 2000-11-30
This major new practitioner text provides comprehensive and systematic treatment of human rights law and practice in the UK, including detailed analysis of the impact of the incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998. The first section deals with the nature of rights, problems of incorporation, the impact of the Convention prior to incorporation and the interpretation of human rights instruments. The main part of the book consists of a detailed analysis of the rights granted by the Convention, and the effects of their incorporation. Each chapter in this section focuses upon a particular right, and contains a discussion of the pre-existing status of the right in English law, a thoroughanalysis of the European case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to a number of subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health,police and prisoners. Each chapter has detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. The book also has a section dealing with remedies and procedure under the Human Rights Act and the procedure for taking cases to the European Court of Human Rights. Regular paperback supplements will be published to keep the book fully up to date with relevant case-law and related legislation as the implementation of the new Act proceeds.