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Chapter

Cover Wade & Forsyth's Administrative Law

7. Personal rights and freedoms  

Sir William Wade, Christopher Forsyth, and Julian Ghosh

This chapter considers the rights and freedoms provided by the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the Human Rights Act 1998.

Chapter

Cover Administrative Law

3. Human rights law  

The European Convention on Human Rights not only guaranteed certain rights, but also created an international Court. The Human Rights Act gives English judges dramatic but limited techniques for vindicating the Convention rights. This chapter explains what the judges in Strasbourg and in England have done with the techniques for control of administration that result from the Convention and the Human Rights Act. The chapter addresses the content and the structure of the Convention rights, the ways in which those rights are protected in English administrative law, particularly through the Human Rights Act 1998, and the tests of proportionality required by the Convention.

Chapter

Cover Public Law

19. Human Rights and The UK Constitution  

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

Chapter

Cover Tort Law

1. Introduction  

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

Chapter

Cover Tort Law

1. Introduction  

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

Chapter

Cover Public Law

18. The European Convention on Human Rights and the Human Rights Act 1998  

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts. This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts’ historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

Chapter

Cover Public Law Concentrate

14. Introduction to human rights in UK law  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act (HRA) 1998. The ECHR guarantees civil and political rights: these are the right to life; the prohibition of torture, inhuman, and degrading treatment or punishment; the prohibition of slavery and forced labour; the right to liberty; the right to a fair and unbiased hearing; the prohibition of retrospective legislation; the right to respect for private and family life; freedom of conscience and religion; freedom of expression; freedom of association; and the right to marry and found a family. The ECHR has been expanded by a series of supplementary treaties called protocols. The First and Sixth Protocols give individuals additional rights which were incorporated into British law by the HRA 1998. This chapter also examines the significance of the Independent Review of the Human Rights Act which is due to be carried out in 2021.

Chapter

Cover Essential Cases: Public Law

Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Constitutional and Administrative Law

17. Freedoms and liberties in the United Kingdom  

This chapter is concerned with how freedoms and liberties might be protected in the UK. It begins with an attempt to distinguish between human rights and civil liberties, whilst recognizing that this is by no means a straightforward task. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered, along with reform intentions relating to the 1998 Act.

Chapter

Cover Card & James' Business Law

4. Europe and the English legal system  

This chapter examines the two principal European sources of law (namely EU Law and the European Convention on Human Rights) and their effect upon the UK’s legal system. It notes the institutions that form the EU and the differing forms of EU law. The effects of EU membership upon parliamentary sovereignty are discussed, noting that EU law has taken precedence over domestic law since 1973, so an Act of Parliament may be suspended by the courts if it fails to comply with EU law. The chapter then discusses the European Convention on Human Rights and the rights protected under it. Finally, the chapter discusses the domestic enforcement of the Convention by discussing in detail the provisions of the Human Rights Act 1998.

Chapter

Cover Cases and Materials on Constitutional and Administrative Law

9. Human Rights  

This chapter deals with the area of human rights. It first considers the former position on human rights in the UK, then the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter explores the extent to which human rights law applies to private bodies performing public functions, how it affects the interpretation of legislation, when courts may find legislation compatible with Convention rights and when they may issue a declaration of incompatibility, and examines the adoption and the application of the proportionality test.

Chapter

Cover The English Legal System

5. Human Rights Act 1998  

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the Human Rights Act 1998 (HRA) and discusses some of the important issues that arise from its use. It also provides an overview of relevant articles in the European Convention on Human Rights (ECHR). The HRA 1998 is quite a short Act and its key parts are in a small number of sections. Perhaps the most important is that of s 6 which places an obligation on public authorities to act in a way compatible with the ECHR; s 7 which prescribes how it can be used to obtain a remedy in the courts. This chapter also links to the previous chapters in terms of discussing how the Act is interpreted.

Chapter

Cover The English Legal System

5. Human Rights Act 1998  

This chapter examines the Human Rights Act 1998 (HRA) and discusses some of the important issues that arise from its use. It also provides an overview of relevant Articles in the European Convention on Human Rights (ECHR). The HRA 1998 is quite a short Act and its key parts are in a small number of sections. Perhaps the most important is that of s 6 which places an obligation on public authorities to act in a way compatible with the ECHR as well as s 7 which prescribes how it can be used to obtain a remedy in the courts. This chapter also links to the previous chapters in terms of discussing how the Act is interpreted.

Chapter

Cover Human Rights Law Directions

4. The Human Rights Act 1998 (1): rights and duties  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter traces the origins of the Human Rights Act, which came about due to a growing sense that UK law was failing to secure and keep pace with emerging international standards of human rights protection. It goes on thoroughly to explain, analyse, and illustrate the main terms of the Act. In particular the duty to interpret statutes for compatibility, if possible, with Convention rights; and the duty on ‘public authorities’ to act in ways which do not violate Convention rights. It considers the new constitutional settlement that the Act brings about and it discusses some of the controversies about its application that have arisen. The final section deals with possible reform.

Chapter

Cover Public Law

7. Protecting Rights  

This chapter examines the development and nature of constitutional rights. The discussions cover the European Convention on Human Rights (ECHR); the campaign to incorporate the ECHR into UK law; the Human Rights Act 1998 (HRA); a case study on prisoner voting Hirst v UK (No. 2); criticisms of the HRA; the European Union and human rights.

Chapter

Cover Essential Cases: Public Law

Handyside v United Kingdom (1979–80) 1 EHRR 737, European Court of Human Rights  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Handyside v United Kingdom (1979–80) 1 EHRR 737, European Court of Human Rights  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.