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An Introduction to Human Rights and the Common Law

Editat de Rosalind English, Philip Havers
en Limba Engleză Hardback – 12 iun 2000
The impact of the European Convention on Human Rights on public and criminal law has been well documented. The common law will be equally revolutionised by the Convention,yet its future is uncharted. This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters. It contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, these chapters also explore the relationship between the ECHR principles of proportionality and margin of appreciation and the traditional way of resolving common law disputes. The book also includes a detailed - and controversial - scrutiny of the compatibility of the legal aid and costs proposals with the procedural right to a fair trial guaranteed by the Convention.
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Specificații

ISBN-13: 9781841130323
ISBN-10: 184113032X
Pagini: 304
Dimensiuni: 156 x 234 x 24 mm
Greutate: 0.59 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those who need to know about the impact of the ECHR on the common law.

Notă biografică

Rosalind English is Associate Tenant of One Crown Office Row and Legal Director of 2Ends legal training. is Reader in Law at University College LondonRosalind English is Associate Tenant of One Crown Office Row and Legal Director of 2Ends legal training. Dr. iur (Hamburg)

Cuprins

1 INTRODUCTION William Edis2 THE CONVENTION AND THE HUMAN RIGHTS ACT: A NEW WAY OF THINKING Philip Havers KC and Neil Garnham3 COSTS, CONDITIONAL FEES AND LEGAL AID Guy Mansfield KC4 HORIZONTALITY: THE APPLICATION OF HUMAN RIGHTS STANDARDS IN PRIVATE DISPUTES Jonathan Cooper5 REMEDIES Rosalind English6 GENERAL COMMON LAW CLAIMS AND THE HUMAN RIGHTS ACT Richard Booth7 BRINGING AND DEFENDING A CONVENTION CLAIM IN DOMESTIC LAW: A PRACTICAL EXERCISE Philippa Whipple8 THE IMPACT OF THE CONVENTION ON MEDICAL LAW Philip Havers KC and Neil Sheldon 9 CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATION Robert Owen KC, Sarah Lambert and Caroline Neenan10 ENVIRONMENTAL RIGHTS David Hart11 CONFIDENTIALITY AND DEFAMATION Rosalind English12 MENTAL HEALTH Jeremy Hyam13 BIBLIOGRAPHY AND GUIDE TO Sources Owain Thomas

Recenzii

...contains useful material

Descriere

This collection of papers, the product of two seminars, analyses the European Convention on Human Rights on public and criminal law and its future.