Human Rights Law

Abstract

Human Rights Law is the first book in which the interpretation and application of the Human Rights Act 1998 by the courts in England and Wales is comprehensively examined and analysed. Part I of the book concerns the Human Rights Act itself including the background to the Act and key principles of interpretation. Also examined in this part are: the benefit and burden of Convention rights; the identification of activities to which the Act applies; the process of determining incompatibility, encompassing the principles of proportionality and judicial deference; and the defence of primary legislation. This part concludes with a discussion of the remedies available for a breach of Convention rights including a detailed examination of the power to award damages under the Act. In Part II of the book, the application and interpretation of the Convention rights themselves by the courts in England and Wales is examined. Included in this part are: the right to life; the right to freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; the right to a fair trial; the rights to respect for private life, family life and home; the right to freedom of expression; the prohibition of discrimination in securing Convention rights; and the right to the peaceful enjoyment of possessions. Each right is considered separately with a particular focus on its interpretation and practical application in the domestic context. Human Rights Law will be of particular interest to teachers and students of domestic human rights law, constitutional law and administrative law. It will also be of considerable relevance to practitioners working in the area.