3. Human rights law

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
European Convention ◽  
Human Rights Law ◽  
International Court ◽  
Human Rights Act ◽  
Human Rights Act 1998

The European Convention on Human Rights not only guaranteed certain rights, but also created an international Court. The Human Rights Act gives English judges dramatic but limited techniques for vindicating the Convention rights. This chapter explains what the judges in Strasbourg and in England have done with the techniques for control of administration that result from the Convention and the Human Rights Act. The chapter addresses the content and the structure of the Convention rights, the ways in which those rights are protected in English administrative law, particularly through the Human Rights Act 1998, and the tests of proportionality required by the Convention.

3. Human rights law

2021 ◽  
pp. 77-122
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
European Convention ◽  
Human Rights Law ◽  
International Court ◽  
Human Rights Act ◽  
Human Rights Act 1998

The European Convention on Human Rights not only guaranteed certain rights, but also created an international Court. The Human Rights Act gives English judges dramatic but limited techniques for vindicating the Convention rights. This chapter explains what the judges in Strasbourg and in England have done with the techniques for control of administration that result from the Convention and the Human Rights Act. The chapter addresses the content and the structure of the Convention rights, the ways in which those rights are protected in English administrative law, particularly through the Human Rights Act 1998, and the tests of proportionality required by the Convention.

Criminalization and Quasi-criminalization of Terrorism

2019 ◽  
pp. 678-702
Author(s):  
Helen Fenwick
Keyword(s):  
Human Rights ◽  
Preventive Measures ◽  
European Convention ◽  
Human Rights Law ◽  
Emerging Trends ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Control Orders ◽  
The Uk ◽  
Terrorism Prevention

This chapter examines the criminalization and quasi-criminalization of terrorism, focusing on emerging trends and tensions with human rights law in the UK. In particular, it considers two recently emerging trends in counterterrorism against the backdrop of the terrorist attacks in Europe in 2015–2017: the reliance on very broad “precursor” terrorism offenses—the creeping criminalization of terrorism—and the accompanying reliance post-9/11 on quasi-criminal non-trial-based preventive measures such as control orders and Terrorism Prevention and Investigation Measures (TPIMs) under the Terrorism Prevention and Investigation Measures Act 2011 (TPIMA). These trends are explored in relation to the current counterterrorism and national security context and to resultant tensions with the rights enshrined in the European Convention on Human Rights and scheduled in the Human Rights Act 1998 and common law principles.

Human Rights Law Concentrate

2018 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
Human Rights Law ◽  
Essential Information ◽  
Recent Developments ◽  
Coverage Accuracy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Topics

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Human Rights Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: the European Convention on Human Rights; the Human Rights Act 1998; right to life and freedom from ill treatment; right to liberty and right to fair trial; right to family and private life; freedom of religion and expression; freedom of assembly and association; freedom from discrimination; and terrorism. This, the fourth edition, has been fully updated with all the recent developments in the law.

Terrorism and human rights: a case study in impending legal realities

Legal Studies ◽  
1999 ◽  
Vol 19 (3) ◽  
pp. 367-379 ◽  
Author(s):  
Conor Gearty
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Domestic Law ◽  
Consultation Paper

This article critically appraises the UK government's recently published Consultation Paper on the future of the anti-terrorism laws. The author considers the likely effect of the Human Rights Act 1998 on the impact of any legislation that might flow from the government's proposals. The interaction between human rights law and anti-terrorism legislation provides a useful case study of the likely effects of incorporating the European Convention on Human Rights into domestic law. The author argues that many of these effects have not been anticipated by the drafters of the anti-terrorism proposals, with the result that many of their suggested changes to the law will be vulnerable to legal challenge if not sharply modified before enactment. The author concludes by considering the likelihood that, over time, successive governments will learn to tailor their legislation to the requirements of the Convention, even in the anti-terrorism field, but that in the short-term a period of legislative instability is to be expected.

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
European Convention ◽  
The United Kingdom ◽  
Secretary Of State ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Home Department ◽  
Editorial Decisions

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary from author Thomas Webb.

Regulation

2020 ◽  
pp. 106-130
Author(s):  
Julian Petley
Keyword(s):  
Human Rights ◽  
Press Freedom ◽  
European Convention ◽  
England And Wales ◽  
Corporate Power ◽  
Private Lives ◽  
The Press ◽  
Privacy Breach ◽  
Human Rights Act ◽  
Human Rights Act 1998

This chapter examines the laws which have had a particular bearing on the practice of journalism in newspapers in England and Wales in the twentieth and twenty-first centuries. These relate to defamation, privacy, breach of confidence, official secrecy and terrorism. In particular it focusses on the recent impact of the European Convention on Human Rights and the Human Rights Act 1998 on how courts have interpreted and applied the various laws affecting press freedom in these particular areas. It argues that whilst much of the press has chafed against laws which prevent it from invading people’s private lives and unjustly defaming them, it has been remarkably insouciant about those which make it difficult to reveal abuses of state and corporate power.

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
Public Law ◽  
European Convention ◽  
Secretary Of State ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Home Department ◽  
The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

14. Privacy

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Right Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Right Of Privacy ◽  
The Right

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

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