The breadth of the project is the book's main strength. It provides an excellent one-stop-shop for those wishing to obtain a detailed overview and evaluation of the Act, of its impact upon English law, and of academic commentary...Leigh and Masterman succeed in their objective of providing an excellent account of the extent to which Convention rights have been brought home in the first decade of the Human Rights Act. Alison Young The Cambridge Law Journal Vol 68 (2) July 2009 The writing is lucid. The authors are experienced and knowledgeable in the field, and while their work is scholarly, the text is not overburdened. Gina Clayton The Journal of Immigration, Asylum and Nationality Law Vol 23, No 2, 2009 ...[includes] a wide-ranging survey of the Act's effect on private law covering privacy, contract, employment and property law. Elizabeth Prochaska The Law Quarterly Review Vol 125. April 2009 Making Rights Real should appeal to a range of audiences as it contains an accessible outline of the HRA and discusses the most important cases that have arisen in the subsequent jurisprudence, both of which will be illustrative for new students of human rights law in the UK, and yet it simultaneously manages to develop more scholarly ideas of constitutional reform that will be of interest in a more academic forum. Hayley Smith Justice Journal Issue 5, Number 2

Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
Les mer
The focus of Making Rights Real is on the extent to which the Human Rights Act, 1998, has delivered on the promise to 'bring rights home'.
Part I: The Architecture of the Human Rights Act 1 Great Expectations 2 Human Rights and the Political Process 3 The Courts (I): Sources of law 4 The Courts (II): Interpretation and Its Limits 5 The Co-operative Constitution? Part II: Domestic Remedies for Violations of Convention Rights 6 Public Law Remedies: the Scope and Standard of Judicial Review under the HRA 7 Human Rights and the Criminal Trial 8 Human Rights and Counter-Terrorist Measures 9 ‘Horizontal rights’ 10 Civil Law Remedies 11 Conclusion
Les mer
More than five years after the commencement of the Human Rights Act 1998, this book evaluates the Act's effectiveness and the extent to which the Act has delivered on the promise to 'bring rights home'.
Les mer
Scholarly reflections on the nature and impact of human rights law. The language of human rights figures prominently in legal and political debates at the national, regional and international levels. In the UK the Human Rights Act 1998 has generated considerable interest in the law of human rights. It will continue to provoke much debate in the legal community and the search for original insights and new materials will intensify. The aim of this series is to provide a forum for scholarly reflection on all aspects of the law of human rights. The series will encourage work which engages with the theoretical, comparative and international dimensions of human rights law. The primary aim is to publish over time books which offer an insight into human rights law in its contextual setting. The objective is to promote an understanding of the nature and impact of human rights law. The series is inclusive, in the sense that all perspectives in legal scholarship are welcome. It will incorporate the work of new and established scholars. Human Rights Law in Perspective is not confined to consideration of the UK. It will strive to reflect comparative, regional and international perspectives. Work which focuses on human rights law in other states will therefore be included in this series. The intention is to offer an inclusive intellectual home for significant scholarly contributions to human rights law.
Les mer

Produktdetaljer

ISBN
9781841133539
Publisert
2008-08-29
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Dybde
21 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
264

Biographical note

Ian Leigh and Roger Masterman are, respectively, Professor of Law and Lecturer in Law at Durham University. Both are members of the Durham Human Rights Centre.