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Chapter

This chapter argues that relevant evidence must be excluded on the ground of public policy on certain conditions. It explores two of these conditions: when the evidence concerns certain matters of public interest considered to be more important than the full disclosure of facts to the court, and when it relates to miscellaneous matters connected with litigation. The chapter also discusses evidence that has been illegally obtained, though this topic is not usually covered under the umbrella of public policy. Although there is no comparably strict general exclusionary rule, it is increasingly the case that the courts recognize the existence of an exclusionary discretion. This is governed in part by weighing the public interest in the conviction of guilty criminals against the public interest in the preservation of basic civil liberties.

Chapter

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd. This chapter covers the nature and enforcement of human rights, including their values and inherent restrictions and their protection at both domestic and international levels.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers the nature and enforcement of human rights, including their values and inherent restrictions and their protection at both domestic and international levels.

Chapter

This chapter provides a general introduction to the subject of terrorism and poses a series of important questions about how to define terrorism against a backdrop of contemporary fears in a risk-averse society. It begins by casting doubt on simple, typically narrow, definitions of terrorism, before then going on to deconstruct the climate of fear currently surrounding the majority of research in this area. The chapter looks at current counter-terrorism measures and recently invoked anti-terrorist legislation. It argues that, if governments continue to adopt a cavalier attitude towards civil liberties, they face the risk of playing into the very hands of those who promote and perpetrate political violence.

Chapter

This chapter considers laws governing freedom of assembly and public order in the UK. The discussion covers rights and freedoms, and the powers of the police to preserve the peace and maintain public order. The chapter examines the concept of a breach of the peace and the circumstances in which the police may take action to prevent a breach from occurring. The chapter also focuses on the Public Order Act 1986, including provisions on racially or religiously aggravated public order offences, and the control of public processions and assemblies. Finally, the chapter examines statutory provisions specifically aimed at controlling or restricting demonstrations in the vicinity of Parliament.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This introductory chapter provides an overview of the main themes covered in the present volume. It first considers the political context in which the discussion of the law is to take place. It then discusses human rights and civil liberties; the meaning of rights; protection of rights and liberties within the UK Constitution; the international context of the monitoring of human rights; and the European Convention on Human Rights.

Chapter

This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.

Chapter

This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.

Book

Ruth Costigan and Richard Stone

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Textbook on Civil Liberties and Human Rights provides an account of this area of law. This work covers all the main topics in the field of civil liberties and human rights. It provides coverage of crucial areas such as police powers, freedom of expression, terrorism, and public order. A thematic approach helps readers to appreciate the overlap and interconnected nature of the subject, and the close association between the different articles of the European Convention. Topics new to this edition include: Austin v UK on kettling and the deprivation of liberty; von Hannover v Germany (No 2) and Springer v Germany on privacy; Othman (Abu Qatada) v UK on asylum and fair trial rights; O’Donoghue and Others v UK on the right to marry; the Supreme Court’s views in R v Gul on the definition of terrorism; the Court of Appeal’s rulings in Hall v Bull and Black v Wilkinson on discrimination on grounds of sexual orientation where this conflicts with religious beliefs; Att Gen v Davey on contempt and the internet; and the Anti-Social Behaviour and Policing Act, which will replace ASBOs with Injunctions to Prevent Nuisance and Disorder.

Chapter

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.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.

Chapter

This chapter presents an overview of the European Convention on Human Rights, an International treaty originating in the reconstruction of Europe’s political order following World War II. The chapter is organised as follows. Section I discusses the main procedural and substantive features of the Convention itself, whilst Section II assesses its status and use in English law up until (approximately) the early-1990s. Section III examines the leading judgments of the European Court on Human Rights in the areas of privacy and freedom of expression. The chapter goes on to consider how the UK constitution’s approach to the issue of civil liberties and human started to change in the 1970s, 1980s, and 1990s. Discussion focuses initially on the ways in which domestic courts began to use common law ideas to give increasing effect to the Convention’s provisions. The chapter then examines emerging arguments as to the benefits that might result from Parliament enacting a statute giving Convention articles a superior status to common law rules. The chapter then discusses the re-emergence and consolidation of fundamental human rights as an indigenous principle within the common law, and concludes by analysing the so-called ‘judicial supremacism’ controversy of the early and mid-1990s in which the courts’ increasingly forceful assertion of human rights ideas provoked substantial criticism from Conservative party politicians.

Chapter

In contrast to the constitutional systems adopted by most western democratic nations, the United Kingdom’s form of governance has traditionally not accepted the principle that certain ‘human rights’ should enjoy a normative legal status that placed them beyond the reach of laws made through the ordinary legislative process. Such ‘civil liberties’ or ‘human rights’ as we possess exist in law at the sufferance of parliamentary majorities. Human rights protection has nonetheless been an important part of the courts’ constitutional role, both in terms of the interpretation of legislation and the development of the common law. The organising principle in respect of civil liberties in Britain is that individuals may engage in any activity not prohibited by statute or common law. In addition, neither other individuals nor government officials may interfere with an individual’s legal entitlements unless they can identify a statutory or common law justification for so doing. This chapter discusses the traditional approach taken by Parliament and the courts to several key areas of what we would now regard as human rights law; the regulation of public protest, the protection of personal privacy, and to certain aspects of freedom of expression

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.

Book

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in public law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Thomas Webb, including his assessment of the wider questions raised by the decision for you to consider.

Book

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in public law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Thomas Webb, including his assessment of the wider questions raised by the decision for you to consider.

Chapter

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.