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(p. 396) 9. Human Rights 

(p. 396) 9. Human Rights
Chapter:
(p. 396) 9. Human Rights
Author(s):

Brian Thompson

and Michael Gordon

DOI:
10.1093/he/9780198767732.003.0009
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date: 18 May 2021

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the area of human rights. It considers the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter examines the implications of the Human Rights Act and how it operates in practice. It analyses the extent of its application between private litigants and courts' interpretation of legislation under the duty of making an interpretation, so far as is possible, which is compatible with the European Convention but which may result in a declaration of incompatibility.

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