This fourth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention article that constitutes the substantive guarantee, and examines the system of supervision. The Convention has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts.
Book
David Harris, Michael O'Boyle, Ed Bates, and Carla Buckley
Book
David Harris, Michael O'Boyle, Ed Bates, and Carla M. Buckley
This fifth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention Article that constitutes the substantive guarantee, and examines the system of supervision. The Convention is firmly established in Europe’s constitutional landscape, providing common human rights standards for the continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts. The fifth edition takes account of Strasbourg jurisprudence responding to new human rights crises in Europe resulting from the erosion of the rule of law in some states, the Covid pandemic and recent inter-state armed conflict.
Chapter
21. Specific enforcement
This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration, and mutuality. An injunction may, in effect, enforce the performance of the contract. It may be used to prevent a breach of a negative undertaking or to order the undoing of a breach which has already occurred. An injunction may provide the means of securing relief until the trial of the main action.
Chapter
10. Punishment and rehabilitation in the community
This chapter reviews the main options available to the sentencing court which do not entail immediate custody. It therefore deals with community orders as well as suspended prison sentences (see Chapter 7, section 7.5 for financial penalties). It discusses the tensions between imposing proportionate punishment and delivering rehabilitation programmes. It examines the policy aim of reducing reoffending through specifying in court orders requirements to control and rehabilitate the offender in the community, and discusses the theory and practice of rehabilitation that underpins these initiatives. However, because punishment and rehabilitation also take place in the community for those released from prison, this chapter examines supervision for prisoners released on licence. The chapter, therefore, covers the policy changes in relation to the work and remit of the Probation Service.
Chapter
38. Punishment in the community: evolution, expansion, and moderation
Gwen Robinson and Fergus McNeill
This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation and parole in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.
Book
Polly Morgan
Family Law illustrates the diverse applications of modern family law through real-world scenarios. It starts off by looking at marriage and civil partnership. It moves on to financial provision on divorce and cohabitants and remedies not dependent on divorce. It looks at financial support for children and the various protections in place for domestic abuse. Parenthood and parental responsibility are examined in detail. Children’s rights and welfare are also looked into. Finally, the book considers private law disputes and children and child protection in terms of state support and care, supervision, and adoption.
Chapter
39. Punishment in the community: Evolution, expansion, and moderation
Gwen Robinson and Fergus McNeill
This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.
