Delivering Rights: How the Human Rights Act is Working

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Jeffrey L. Jowell, Jonathan Cooper
Hart, 2003 - Law - 207 pages
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As is well known the Human Rights Act 1998 (HRA) is a constitutionalinnovation,but can its scheme deliver? This timely and provocativebook probes the extent to which the HRA is guaranteeing rights andwhether it is transforming the legal landscape.This companion text to Understanding Human Rights Principles (Hart Publications 2001)is the culmination of a six-month project where key elements of theHRA were analysed and subjected to detailed scrutinyby expert practitioners and academics. The result is seven chaptersof the highest quality which examine the following subjects including the reach of the Act and its jurisdictional scope and how to strike the balance under the HRA between interpretation and incompatibility. Two chapters look at remedies for breach of human rights. The first under the HRA and the second usingCommunity law principles. The text then goes on to consider assessment of fact, due deference, and the wider impact of the Human Rights Act in administrative law. It then asks what is public power? And looks at the courts' approach to the public authoritydefinition under the Act. Finally access to court under theHuman Rights Act is examined including standing, legal assistance and third party intervenors.The book's contributors are the leading experts in the field includingDinah Rose, Nathalie Lieven, Janet Kentridge, Kate Markus,Richard Clayton QC, Peter Roth QC, and Tim Owen QC. It providesan unparalleled examination of the scheme of the HumanRights Act and its component parts and it is of direct relevance to thepractitioner and academic.

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Contents

Striking the Balance
37
Fair Trial Rights Due Deference and the Wider Impact of
55
The Courts Approach to the Public
77
Copyright

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About the author (2003)

Jeffrey Jowell QC is Professor of Public Law and Dean of the Faculty of Laws at University College London and a practising Barrister at Blackstone Chambers.Jonathan Cooper is a Barrister at Doughty Street Chambers.

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