The Secularisation of the British Constitution

2012 ◽  
Vol 14 (3) ◽  
pp. 371-399 ◽  
Author(s):  
Julian Rivers
Keyword(s):  
Public Service ◽  
Religious Diversity ◽  
Individual Liberty ◽  
Minimal Impact ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Relationship

In recent years, the relationship between law and religion has been subject to increased scholarly interest. In part this is the result of new laws protecting religious liberty and non-discrimination, and it may be that overall levels of litigation have increased as well. In all this activity, there are signs that the relationship between law and religion is changing. While unable to address every matter of detail, this article seeks to identify the underlying themes and trends. It starts by suggesting that the constitutional settlement achieved by the end of the nineteenth century has often been overlooked, religion only appearing in the guise of inadequately theorised commitments to individual liberty and equality. The article then considers the role of multiculturalism in promoting recent legal changes. However, the new commitment to multiculturalism cannot explain a number of features of the law: the minimal impact of the Human Rights Act 1998, the uncertain effect of equality legislation, an apparent rise in litigation in established areas of law and religion, and some striking cases in which acts have been found to be unlawful in surprising ways. In contrast, the article proposes a new secularisation thesis. The law is coming to treat religions as merely recreational and trivial. This has the effect of reducing the significance of religion as a matter of conscience, as legal system and as a context for public service. As a way of managing the ever-deepening forms of religious diversity present within the United Kingdom, such a secularisation strategy is implausible.1

Paediatrics, ethics, and the law

2020 ◽  
pp. 947-964
Keyword(s):  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Ethical And Legal Considerations ◽  
The Law ◽  
Sick Children ◽  
Adult Medicine ◽  
The Impact ◽  
Individual Clinician ◽  
New Vaccines

Treating sick children creates a range of ethical and legal considerations that are different from adult medicine. Paediatrics adapts as children develop cognitively, physically, and in autonomy. The introduction of new vaccines, therapies, and technology has improved the outcome for many conditions, including preterm birth, CHD, and oncology. At the same time as improvements in medicine and technology has come increased societal expectation, the impact of social media, and the rise of obesity in childhood. There are complex and blurred lines to be negotiated in parental, individual clinician, and institutional responsibility, especially when things go wrong. Paediatrics involves complex cases of neglect and abuse of children that have occurred in all societies and cultures. In this chapter, some of these aspects are discussed, including an outline of ethical principles that allow us to frame decision-making, how the law in the United Kingdom has evolved, and some of the principles of the Children Act 1989 and the Human rights Act 1998.

scholarly journals Smith v Chief Constable of Sussex Police; [2008] UKHL; 50

2012 ◽  
Vol 21 (1) ◽  
pp. 141-152
Author(s):  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Law Reform ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Exclusive Focus

WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. First, they both concerned the recurring question of the ambit of police liability in the situation described by Lord Bingham thus: “…if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?”2  Secondly, considering the cases together highlighted the wider issue of the relationship between decisions under the Human Rights Act 1998 (hereafter the HRA) and the development of the common law. The Law Lords embarked on a more extensive examination of these issues in Smith and thus that case will be the exclusive focus of this note.  In addition, the study of Smith raises questions regarding proposals for law reform as well as about judicial perceptions of policy priorities. 

The right to healthcare

2020 ◽  
pp. 195-208
Author(s):  
Ann Marie Gray
Keyword(s):  
Human Rights ◽  
Social Care ◽  
Health And Social Care ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
The Impact ◽  
The Relationship

This chapter explores the relationship between human rights and health and social care. It begins by setting out the main international mechanisms, at UN, EU and ECHR levels, and the obligations they place on governments. It then discusses the impact of international and domestic human rights instruments through an examination of developments in social care policy, and with regard to reproductive health care rights in Northern Ireland. It also highlights issues relating to devolution and the implementation of human rights in the UK and in particular the role of the Human Rights Act (1998).

2. The Human Rights Act 1998: Overview

2017 ◽  
Author(s):  
Ruth Costigan ◽  
Richard Stone
Keyword(s):  
Human Rights ◽  
Bill Of Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter provides an overview of the Human Rights Act 1998 (HRA 1998) and how it operates. It discusses the extent to which the Act fulfils the role of a ‘Bill of Rights’, as that concept is understood in other jurisdictions. A particular issue relevant to that discussion is that of ‘entrenchment’ and the extent to which the HRA 1998 can be said to have any special status different from other legislation. The supervision of the HRA 1998 is also considered.

EC Law, UK Public Law and The Human Rights Act 1998: A New Integrative Dynamic?

1999 ◽  
Vol 2 ◽  
pp. 417-437
Author(s):  
Gordon Anthony
Keyword(s):  
Public Law ◽  
Legal Order ◽  
National Courts ◽  
General Terms ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Ec Law ◽  
The Relationship

The process of European legal integration has long been understood to engage the workings of domestic legal orders, EC law and, to a lesser extent, the law of the ECHR. In general terms, the relationship between these bodies of law has been characterised as involving the direct and indirect interchange of principle and practice across jurisdictions. An example of direct interchange is found in the EC law requirement that national courts give effect to rules emanating from the EC legal order in all cases raising EC law issues. The indirect form occurs in disputes which do not raise EC law issues but which see national courts voluntarily borrow from their experience within the EC legal order by way of developing the domestic legal system. Likewise, national courts and the European Court of Justice have relied upon the law of the ECHR, a “foreign” body of rules, in developing their respective legal orders.

Public Law Directions

2019 ◽  
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Practical Importance ◽  
Public Law ◽  
Practical Application ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Individual ◽  
The Uk ◽  
The Relationship

Public Law Directions provides a balance of depth, detail, context, and critique. The aim is to empower readers to evaluate the law, understand its practical application, and confidently approach assessments. The text offers scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear. It shows readers when and how to critically evaluate the law by introducing the key areas of debate and encourages a questioning attitude towards the law. Topics covered include: the UK constitution; constitutional principles and values; power in the UK including an examination of the three arms of state; an analysis of the relationship between the individual and the state; and a close examination of human rights, including a look at the Human Rights Act 1998.

EC Law, UK Public Law and The Human Rights Act 1998: A New Integrative Dynamic?

1999 ◽  
Vol 2 ◽  
pp. 417-437 ◽  
Author(s):  
Gordon Anthony
Keyword(s):  
Public Law ◽  
Legal Order ◽  
National Courts ◽  
General Terms ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Ec Law ◽  
The Relationship

The process of European legal integration has long been understood to engage the workings of domestic legal orders, EC law and, to a lesser extent, the law of the ECHR. In general terms, the relationship between these bodies of law has been characterised as involving the direct and indirect interchange of principle and practice across jurisdictions. An example of direct interchange is found in the EC law requirement that national courts give effect to rules emanating from the EC legal order in all cases raising EC law issues. The indirect form occurs in disputes which do not raise EC law issues but which see national courts voluntarily borrow from their experience within the EC legal order by way of developing the domestic legal system. Likewise, national courts and the European Court of Justice have relied upon the law of the ECHR, a “foreign” body of rules, in developing their respective legal orders.

Public service interpreting and the politics of entitlement for new entrants to the United Kingdom

2012 ◽  
Vol 11 (2) ◽  
pp. 185-206 ◽  
Author(s):  
Rebecca Tipton
Keyword(s):  
United Kingdom ◽  
Welfare Reform ◽  
Critical Discourse Analysis ◽  
Public Service ◽  
Critical Discourse ◽  
The United Kingdom ◽  
New Entrants ◽  
Media Reports ◽  
The Relationship

This article examines the function and perception of public service interpreting provision in contemporary Britain against the backdrop of conflict that has emerged in media and political circles as a result of the spiralling cost of such provision. Using an approach based on critical discourse analysis (Fairclough 2000, 2003; Fowler 1991) the article begins by examining a corpus of media reports in which the twin societal aims of community cohesion and integration are often seen as being hindered by translation and interpreting services. The issue of whether interpreting services play or should play a role in integration and cohesion amidst the ongoing processes of welfare reform in Britain is then examined and contrasted with a broader understanding of welfare that foregrounds the role of public service interpreting in the processes of resettlement and socialisation. The discussion also considers the relationship between public service interpreting, welfare reform and status of language services as a welfare entitlement for new entrants.

10. Nuisance

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Court Cases ◽  
Public Interests ◽  
Public Nuisance ◽  
Private And Public ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Relationship

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with two forms of action in nuisance: public nuisance and private nuisance. It begins by considering the basis of liability in private nuisance and the difficulties presented by cases of overlap between negligence and nuisance. It also discusses the relationship between private and public interests and the relevance of the Human Rights Act 1998. The chapter concludes by assessing the role of community or public interest in nuisance actions, particularly in relation to remedies. Relevant court cases are cited where appropriate.

3. Negligence—Introduction

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Duty Of Care ◽  
General Duty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Negligence Law ◽  
The Impact

This chapter introduces the tort of negligence. It first discusses the formulation of a general duty of care, highlighting the case of Donoghue v Stevenson, which established the pre-eminent role of the ‘duty of care’ concept in the tort of negligence. The chapter then turns to the role of the duty of care concept in modern negligence law, before considering the impact of the Human Rights Act 1998 on the law of negligence.

Sign in / Sign up

Export Citation Format

Share Document