3. Land law and human rights

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Land Law ◽  
Protection Of Human 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 explains some provisions of the European Convention for the Protection of Human Rights and Freedoms and the Human Rights Act 1998 (HRA 1998), both of which are relevant to the study of land law. The significance of the HRA 1998 in land law cases is also discussed.

Safe in their hands? Britain’s Law Lords and human rights

Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 329-346 ◽  
Author(s):  
Brice Dickson
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Memorial Lecture ◽  
The Past ◽  
House Of Lords ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law

This paper, which is the revised text of the first Stephen Livingstone Memorial Lecture delivered in February 2006, surveys the human rights jurisprudence of the House of Lords over the past 10 years. It considers not just how the Law Lords have responded to the Human Rights Act 1998 but also how they have developed the law on equality, asylum and immigration. In assessing whether human rights are ‘safe’ in the hands of the Law Lords, it looks, first, at how willing the Law Lords have been to engage with human rights arguments, concluding that they have relished such discourse. The piece then examines how rigorously the Lords have protected rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. The conclusion reached is that the Law Lords have been doing a good job on that front. What is preventing them from adopting an even more rights-based approach to their work in general is the UK’s stubborn adherence to the ‘dualist’ theory of international law. The author agrees with Lord Steyn that the time has come to reconsider that position.

2. Burden of proof

2019 ◽  
pp. 10-36
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
Case Law ◽  
Detailed Examination ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Civil Cases

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.

1. Introduction, principles, and key concepts

2019 ◽  
pp. 1-9
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Key Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It reviews Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

scholarly journals After the Honeymoon: The Uneasy Marriage of Human Rights and the Environment Under the European Convention on Human Rights and in UK Law Under the Human Rights Act 1998

2014 ◽  
Vol 43 ◽  
pp. 317-368
Author(s):  
Karen Morrow
Keyword(s):  
Human Rights ◽  
European Convention ◽  
The Right To Privacy ◽  
The United Kingdom ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
Domestic Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (ECHR) regime has, in the absence of specific coverage of environmental rights, developed a “creative” approach in its jurisprudence in this area, pressing a variety of other rights, notably: Article 6 (the right to a fair hearing); Article 8 (the right to privacy and family life); and Article 1 to the First Protocol of the ECHR (the right to enjoyment of property) into service. This creativity has achieved much in according indirect protection to individuals in this regard, but has also placed additional pressure on the already congested Convention system. The entry into force of the Human Rights Act 1998 (HRA) made long-held rights under the ECHR directly accessible in domestic law in the United Kingdom. This naturally spawned a wave of litigation. One of the most prominently litigated areas concerned the pursuit of a variety of environment-based rights claims. In the intervening decade, the application of the ECHR to environmental claims in the UK courts has generated somewhat mixed results. This is in part a result of the “patchwork” approach that has developed toward environmental claims within the Convention regime itself, but it is also a product of the nature of the relationship between the ECHR and domestic law and the content and ethos of both regimes. This article will conclude by briefly considering the on-going role of the ECHR regime in environmental cases in light of subsequent developments in this area of law, notably under the Aarhus Convention.

The Human Rights Act 1998

2016 ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Freedom Of Information ◽  
Right To Know ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Relationship ◽  
Civilized Society

Chapter 15 considers the way in which the Human Rights Act has incorporated the European Convention for the Protection of Human Rights into English law. It considers how far Articles 8 and 10 have been used by the Strasbourg Court to establish a ‘right to know’. Freedom of information regimes have to grapple with the conflict between the citizen’s right to be informed and privacy. The chapter considers how the Strasbourg Court has sought to resolve the conflict by applying the principle of proportionality. It also considers the guidance given to the English courts by section 12 of the Human Rights Act and the relationship between judicial review in the Wednesbury sense and the approach of proportionality applicable where Convention rights are at stake. Lord Cooke said in R (Daly) v Home Secretary ‘the truth is some rights are inherent and fundamental to democratic civilized society’.

9. Parliamentary Supremacy and Human Rights

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Parliamentary Supremacy ◽  
The Uk

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the legislative supremacy of the UK Parliament and its impact on human rights protection (and vice versa), discussing the history of the European Convention on Human Rights (ECHR) in a UK context and the ECHR’s legal standing. It considers the Human Rights Act 1998 (HRA 1998) and its operation in the UK. The chapter addresses how the ECHR and the HRA 1998 affect parliamentary supremacy, and how the human rights context differs from the EU context as regards parliamentary supremacy. Finally, it analyses whether parliamentary supremacy provides adequate protection of human rights.

14. Privacy

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Common Law ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Academic Debate

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 focuses on the emergence of a new action to protect privacy under the Human Rights Act 1998, with particular reference to unjustified publication of private information. It begins by considering whether privacy is a protected interest at common law and whether privacy must be recognised and given protection through the law of tort. It then examines the tools which have been used in the partial absorption of privacy as a protected interest in common law, citing the provisions of the Human Rights Act 1998 and Article 8 of the European Convention on Human Rights. The controversies surrounding disclosure of private information and the power of injunctions are also considered, along with the issue of intrusion as an invasion of privacy.

The European Convention on Human Rights and the Human Rights Act 1998

2001 ◽  
Vol 1 (1) ◽  
pp. 3-9 ◽  
Author(s):  
Keir Starmer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Council Of Europe ◽  
International Human Rights ◽  
International Treaty ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

The European Conversion for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) is an international treaty of the Council of Europe. It was adopted in 1950, ratified by the UK in 1951 and entered into force in 1953. The unsual feature of the Convention, as an international human rights instrument, is that it provides a mechanism for individuals to enforce their Convention rights against state parties.

5. The Human Rights Act 1998 (2): proceedings and remedies

2021 ◽  
pp. 114-129
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Self Test ◽  
The Law ◽  
The Uk ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

1. Introduction, principles, and key concepts

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Key Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Right ◽  
Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It first explains the distinction between the law of evidence and evidence itself before turning to a discussion of fair trial by looking at Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. The chapter then considers the main provisions related to evidence, including the presumption of innocence; privilege against self-incrimination; the right to examine witnesses; and admissibility of evidence obtained through covert surveillance, entrapment, or disclosure. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

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