Critically Examining the Case Against the 1998 Human Rights Act

Critically Examining the Case Against the 1998 Human Rights Act
Author: Frederick Cowell
Publisher: Routledge
Total Pages: 259
Release: 2017-09-13
Genre: Law
ISBN: 1315310031

Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.

Blackstone's Guide to the Human Rights Act 1998

Blackstone's Guide to the Human Rights Act 1998
Author: John Wadham
Publisher: Blackstone Press
Total Pages: 334
Release: 1999
Genre: Law
ISBN:

The Human Rights Act 1998 and the incorporation of the European Convention on Human Rights should have a significant impact in the constitutional balance between the citizen and the state. The Act ensures that the rights in the Convention are binding on all public bodies or those that exercise public functions.

Rights Brought Home

Rights Brought Home
Author: Great Britain. Home Office
Publisher:
Total Pages: 22
Release: 1997
Genre: Civil rights
ISBN: 9780101378222

The Separation of Powers in the Contemporary Constitution

The Separation of Powers in the Contemporary Constitution
Author: Roger Masterman
Publisher: Cambridge University Press
Total Pages: 297
Release: 2010-12-02
Genre: Law
ISBN: 1139494295

In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

The European Court of Human Rights

The European Court of Human Rights
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2021-04-30
Genre: Law
ISBN: 1839108347

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

The Impact of the UK Human Rights Act on Private Law

The Impact of the UK Human Rights Act on Private Law
Author: David Hoffman
Publisher: Cambridge University Press
Total Pages: 443
Release: 2011-10-13
Genre: Political Science
ISBN: 1139503200

The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Public Law After the Human Rights Act

Public Law After the Human Rights Act
Author: Tom R. Hickman
Publisher:
Total Pages: 356
Release: 2010
Genre: Human rights
ISBN: 9781472560766

What is the Human Rights Act? What is its relationship to the common law? Is there a need to invent new doctrines of public law to accommodate the Act? Will it lead to the extinction of established doctrines? What should be the effect of the Act on the structure of public law as a whole?

Unauthorised Access

Unauthorised Access
Author: Wil Allsopp
Publisher: John Wiley & Sons
Total Pages: 326
Release: 2010-03-25
Genre: Computers
ISBN: 0470970022

The first guide to planning and performing a physical penetration test on your computer's security Most IT security teams concentrate on keeping networks and systems safe from attacks from the outside-but what if your attacker was on the inside? While nearly all IT teams perform a variety of network and application penetration testing procedures, an audit and test of the physical location has not been as prevalent. IT teams are now increasingly requesting physical penetration tests, but there is little available in terms of training. The goal of the test is to demonstrate any deficiencies in operating procedures concerning physical security. Featuring a Foreword written by world-renowned hacker Kevin D. Mitnick and lead author of The Art of Intrusion and The Art of Deception, this book is the first guide to planning and performing a physical penetration test. Inside, IT security expert Wil Allsopp guides you through the entire process from gathering intelligence, getting inside, dealing with threats, staying hidden (often in plain sight), and getting access to networks and data. Teaches IT security teams how to break into their own facility in order to defend against such attacks, which is often overlooked by IT security teams but is of critical importance Deals with intelligence gathering, such as getting access building blueprints and satellite imagery, hacking security cameras, planting bugs, and eavesdropping on security channels Includes safeguards for consultants paid to probe facilities unbeknown to staff Covers preparing the report and presenting it to management In order to defend data, you need to think like a thief-let Unauthorised Access show you how to get inside.

Property and The Human Rights Act 1998

Property and The Human Rights Act 1998
Author: Tom Allen
Publisher: Bloomsbury Publishing
Total Pages: 356
Release: 2005-10-01
Genre: Law
ISBN: 1847310036

By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.