From Monologue to Dialogue

2013 ◽  
Author(s):  
Merris Amos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Human Rights Law ◽  
National Courts ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Human Rights Norms ◽  
The Uk ◽  
Considerable Discussion

In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.

5. Case law

Legal Skills ◽  
2019 ◽  
pp. 85-103
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

4. Case law

Legal Skills ◽  
2017 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

scholarly journals FREDA: a human rights-based approach to healthcare

2010 ◽  
Vol 34 (4) ◽  
pp. 150-156 ◽  
Author(s):  
Martin J. Curtice ◽  
Tim Exworthy
Keyword(s):  
Human Rights ◽  
Healthcare Professionals ◽  
Case Law ◽  
Technical Knowledge ◽  
Knowledge Deficit ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
Human Rights Based Approach ◽  
Organisational Level

SummaryThe introduction of the Human Rights Act 1998 in the UK has not led to widespread knowledge and understanding in patient and carer groups, healthcare professionals or at an organisational level. This knowledge deficit has been recognised by government bodies and other agencies, which has led to the introduction of a bottom-up human rights-based approach that can be used by individuals and organisations alike in everyday practice. It avoids the need to have technical knowledge of the Human Rights Act and associated case law and is based upon concepts that underpin all the articles of the Act. The human rights-based approach is the process by which human rights can be protected by adherence to underlying core values of fairness, respect, equality, dignity and autonomy, or FREDA.

Human Rights Information Sources: Databases and the Internet

2001 ◽  
Vol 1 (1) ◽  
pp. 24-26 ◽  
Author(s):  
Kate Hodgson
Keyword(s):  
Human Rights ◽  
Information Sources ◽  
Human Rights Law ◽  
Day Case ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Law Reports ◽  
E Mail ◽  
Selection Of

UK and International case materials, news updates and commentary. This service includesCurrent awareness. News and Updates on Human Rights.Cases. Includes relevant cases from All England Next-Day Case Digests, Butterworths Human Rights Cases, European Court of Human Rights, All Englans Law Reports and Law Reports of the Commonwealth.Commentary. Lester & Pannick: Human Rights Law and PracticeHuman Rights Act 1998Links. A Selection of links useful to practitioners affected by the Human Rights Act 1998CatalogueE-mail Alterter. Allows the user to recieve tailored daily or weekly updates Containing the development appearing in Human Rights Direct.

Human Rights and Humanitarian Law in the UK Courts

2007 ◽  
Vol 40 (2) ◽  
pp. 527-562 ◽  
Author(s):  
Dominic McGoldrick
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
National Courts ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This article considers how arguments relating to the principle of joint applicability of international human rights law (IHR) and international humanitarian law (IHL) are playing out in the United Kingdom's courts. The core of the article is a case study of the decisions of the Divisional Court, the Court of Appeal and the House of Lords in Al-Skeini v. Secretary of State for Defence. The central issues of the case concerned the application of the UK's European Convention on Human Rights (ECHR) obligations in the context of its activities in Iraq, and the extraterritorial application of the Human Rights Act, 1998. This case study of the domestic application of the principle is particularly useful for considering (i) its practical implications on the specific facts of particular cases; (ii) the argumentation used by the UK government and judges; (iii) the difficulties of national courts in analyzing the IHR and IHL rights jurisprudence; and (iv) the significant differences between IHR and IHL in terms of positive obligations and domestic remedies.

THE INFLUENCE OF EU AND EUROPEAN HUMAN RIGHTS LAW ON ENGLISH PRIVATE LAW

2015 ◽  
Vol 64 (2) ◽  
pp. 237-265 ◽  
Author(s):  
Paula Giliker
Keyword(s):  
Human Rights ◽  
Empirical Studies ◽  
Comparative Law ◽  
Private Law ◽  
Eu Law ◽  
Human Rights Law ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common

AbstractThis article examines the extent to which EU and European human rights law, following the enactment of the European Communities Act 1972 and the Human Rights Act 1998, have changed the manner in which English courts use comparative law in the private law field. Despite legislative intervention rendering EU law part of the national legal system and requiring the courts ‘to take into account’ the jurisprudence of the European Court of Human Rights, there remains evidence that private law courts retain a preference for comparisons within the common law world. This article will examine, with reference to a number of recent empirical studies, the reasons for this position and what this signifies in terms of future comparative law reasoning.

Human Rights Act 1998

2019 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Dan Squires QC
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
European Convention ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right

The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human Rights (‘the Convention’). The HRA accords to the victims of a breach of the Convention the right to pursue a claim against the offending public authority in the UK courts, when previously they were required to apply to the European Court of Human Rights in Strasbourg to vindicate their Convention rights.

5. Case law

2021 ◽  
pp. 94-113
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

3. Sources of English Law

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter discusses the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

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