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Property and The Human Rights Act 1998: Human Rights Law in Perspective

Autor Tom Allen
en Limba Engleză Hardback – 30 sep 2005
By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.
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Specificații

ISBN-13: 9781841132037
ISBN-10: 1841132039
Pagini: 356
Dimensiuni: 156 x 234 x 28 mm
Greutate: 0.68 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Human Rights Law in Perspective

Locul publicării:London, United Kingdom

Caracteristici

This book provides a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on property law and property rights.

Notă biografică

Tom Allen is a Professor of Law at the University of Durham.

Cuprins

1. The History of the Right to Property2. The Applicability of the Right to Property3. The Legality Condition4. The Structure of Article 1 of the First Protocol5. Property and the Fair Balance6. Compensation and Expropriation7. Controls on the Use of Land8. Private Law and the Right to Property9. The Forfeiture and Confiscation of Property10. The Purpose of Article 1 of the First Protocol

Recenzii

.usefully strives to discover where there is harmony or disharmony between the UK and Strasbourg Courts in distinct sub-topics.this book will be particularly helpful to post-graduate level law students and to barristers or solicitor advocates specialising in property or planning law.
.this is a valuable and very readable addition to the corpus of writing on human rights.

Descriere

This book examines of the case law of the European Court of Human Rights and UK courts on the issue of property law, and it's future direction.