The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
Leading academics and practitioners examine how the Human Rights Act influences private law cases in theory and practice.
For example, in Hussain v Lancaster City Council,77 owners of a shop and residence brought claims in nuisance and negligence against Lancaster County Council after suffering repeated and serious acts of racial harassment from tenants of ...
Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject.
In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.
102 Koster v Netherlands (1992) 14 EHRR 396. 103 Eg, Zimmerman and Steiner v Switzerland (1984) 6 EHRR 17 (three and a half year delay in administrative proceedings); Dudgeon v United Kingdom (Art 50) (1983) 5 EHRR 573 (police ...
This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the ...
LORD WOOLF, JOWELL, J and LE SUEUR, A, De Smith, Woolf and Jowell's Principles of Judicial Review (London, Sweet & Maxwell, 1999). ZANDER, M, A Bill of Rights? (London, Sweet & Maxwell, 1997). —— (2005) The Police and Criminal Evidence ...
Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of ...
Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments.
This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol...