The British Institute of Human Rights has long argued the case for incorporation of the European Convention of Human Rights into UK law. But how does the Human Rights Act achieve this and what changes will it make to the legal, social and political landscape?
This book analyses the historical and political imperatives behind the new human rights legislation and provides a detailed examination of the interpretative record of the judiciary so far. The mechanics of implementation of the Act are explored in detail: who has rights, who has responsibilities and how these are enforced. There is in-depth analysis of three specific areas affected by the new legislation: criminal justice, equality and employment, and disputes within families.
In each case, the potential in the Human Rights Act, assisted by Strasbourg decisions and other international jurisprudence, is tested against the prevailing position under domestic law. Finally, there is reflection on the UK's other international human rights commitments and scrutiny of governmental compliance with them. With contributions from leading human rights lawyers, jurists and thinkers, this book deconstructs the Human Rights Act and explains its meaning and significance.
Contributors. Introduction; F. Butler. The British Institute of Human Rights Library. 1. Activism and Restraint: Human Rights and the Interpretative Process; L. Irvine of Lairg. 2. Incorporation of the European Convention on Human Rights – Some Guesses about the Future; C. Gearty. 3. The Human Rights Act – A General Overview; F. Klug. 4. The Human Rights Act: Procedure, Standing and Remedies; G. Nardell. 5. The Human Rights Act 1998: Its Effect on Criminal Proceedings; B. Emmerson. 6. Equality and Employment Issues after Incorporation of the European Convention on Human Rights; S. Fredman. 7. The Human Rights Act and the Welfare Principle in Family Law: Conflicting or Complementary? J. Herring. 8. The Universal Declaration of Human Rights: Fifty Years Older, Fifty Years Wiser? The UK Perspective – Promises and Progress; S. Cooke. Table of Cases. Human Rights Act 1998. European Convention of Human Rights. Index.