Human Rights and the United Kingdom Supreme Court
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Product details:
- Publisher OUP Oxford
- Date of Publication 28 March 2013
- ISBN 9780199697458
- Binding Hardback
- No. of pages472 pages
- Size 255x182x32 mm
- Weight 976 g
- Language English 0
Categories
Short description:
How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.
MoreLong description:
How does the UK Supreme Court approach human rights law? This book presents the first comprehensive overview of the human rights jurisprudence of the Court, analysing the opinions expressed by the current Justices and their predecessors, both judicially and extra-judicially. It criticizes the judges for not developing the common law in a way which supplements the Human Rights Act, for not making imaginative enough use of that Act, and for adopting an attitude to Convention rights which is often out of step with the jurisprudence of the European Court of Human Rights in Strasbourg.
After setting the scene by explaining the constraints which are placed on the Supreme Court Justices, the book considers how human rights are conceptualized by the Court in general and how in particular the procedural questions thrown up by the Human Rights Act have been dealt with so far. It then examines on a right-by-right basis the Justices' position on all the Convention rights and those additional international human rights standards which have been incorporated into UK law. Focusing on the views expressed by individual judges, the book details the many differences of opinion which have come to light and characterizes the prevailing positions, before attempting to predict what stance may be adopted in future on new issues.
The book offers an invaluable resource for any practitioners bringing human rights cases before the Court, and its critical arguments on the state of UK human rights law will be essential reading for all academics working in European human rights law.
This book, which offers a panoramic assessment of the record of the UK's highest court on human rights matters , will be greeted with enthusiasm on many sides. ... Clarity and directness are prominent hallmarks of Dickson's style which many will find refreshing ... few will deny that books such as these make a much-needed contribution to public understanding of a very important subject with far-reaching practical implications.
Table of Contents:
Introduction
The Supreme Court and its Conception of Human Rights
Approaches to the Human Rights Act
The Right to Life
The Right not to be Ill-Treated
The Right to Liberty
The Right to a Fair Trial
The Right to a Private and Family Life
The Rights to Believe, Associate, and Marry
The Right to Free Speech
Equality and Freedom from Discrimination
The Right to Property
Conclusion
Appendices
Law Lords and Justices since the enactment of the Human Rights Act 1998
Biographies of current Supreme Court Justices
Decisions by the House of Lords or Supreme Court considered by the European Commision or Court of Human Rights
Bibliography
