Human Rights in the UK, 2nd edition

Human Rights in the UK, 2nd edition
Introduction to the Human Rights Acts 1998

By David Hoffman & John Rowe
October 2006
Pearson Education
Distrubuted by Trans-Atlantic Publications Inc.
ISBN: 1405823933
448 pages
$79.50 Paper Original

This highly acclaimed textbook provides law students with a thorough introduction to the Human Rights Act 1998 and the mass of case law which has followed it. Providing thought-provoking discussion on topical issues, the book paves the way for students wishing to pursue more in-depth analytical study in this contemporary, and sometimes controversial, area of the law. The second edition reflects the fast-paced nature of change in this area of law, and has been updated to include all the leading cases decided in the last few years.

Contents

Acknowledgements
Table of Cases
Table of International Treaties
Table of Statutes
Table of Statutory Instruments

1 Introduction
Acknowledgements • Abbreviations • Glossary of legal terms

2 The idea of human rights
The nature of human rights • Rights unlimited? • Striking a balance • The individual and the state • The rule of law

3 The history of human rights and the Convention
International protection of human rights • The background to the Convention: the Second World War and the United Nations • The background to the Convention: the Council of Europe • The Convention and the United Kingdom• A Convention chronology

4 Constitutional considerations
Introduction to the United Kingdom legal system • Parliament • The executive • The courts • Judicial review • The Act and Parliamentary sovereignty • Devolution • The European Convention in English law • The machinery of the European Convention • The margin of appreciation • Deference to the legislature

5 The scheme of the Human Rights Act 1998
Importing the decisions of the European Court• The Act and other legislation • Techniques of interpretation • Compatibility and Parliamentary sovereignty • Subordinate legislation • The unlawfulness of infringing Convention rights • Definition of public authorities • The court as a public authority: horizontal effect • Parliament as a public authority

6 Remedies under the Human Rights Act
Who can complain: ‘victims’ • What can the court do? • Damages • Proving the claim • Bringing the claim: procedure • Injunctions • Time limits and limitation • Where does the Act apply: jurisdiction

7 Introduction to the Convention rights
What rights are protected by the Act? • Omission of Articles 1 and 13 from the Act • The protocols • Derogations and reservations • Limitations on rights: qualified rights • ‘In accordance with the law’ • ‘Necessary in a democratic society’ • Proportionality • Which rights are qualified? • Non-discrimination • General provisions: Articles 16–18

8 The right to life
Article 2 and the Thirteenth Protocol
The right to life • The duty to protect life • The right to die? • The unborn child • The protection of life at work • The quality of life • Prisoners • Adequate investigation into loss of life • The use of force • The death penalty

9 Freedom from torture
Article 3
The importance of Article 3 • The scope of the article • Violence and the threat of it • Sentencing of criminals • Corporal punishment • Treatment of prisoners • Ill-treatment of children • Medical treatment • Deportation of immigrants • Treatment of immigrants • Sexual discrimination and harassment • Pursuing a claim under Article 3 • Evidence obtained by torture

10 Freedom from slavery
Article 4
The relevance of Article 4 today • What is slavery? • Forced or compulsory labor • Permissible labor

11 Personal Liberty
Article 5
Personal liberty • The law on arrest • The scheme of Article 5 • The quality of the law • The meaning of ‘arbitrary’ • Types of permissible detention • Detention after conviction • Breach of a court order • Reasonable suspicion of an offence • Detention of minors for education • Persons of unsound mind • Arrest for deportation • Prompt reasons for arrest • Prompt appearance before a court • Speedy review of detention • Compensation for wrongful detention • Derogation from Article 5

12 The right to a fair trial
Article 6
The importance of a fair trial • Civil and criminal cases • Is Article 6 unqualified? • A fair hearing • Within a reasonable time • An independent court • An interest in the case • Bias • Presumption of innocence • Adverse inferences • Agents provocateurs • Evidence obtained by unlawful or covert means • The minimum content of a fair trial • Civil proceedings: the scope of Article 6 • Civil proceedings: access to justice • Civil proceedings: the effect of the Convention

13 Retrospective legislation
Article 7
The principle behind Article 7 • Retrospective law and our constitution • Clarity in the law • What is a penalty? • Changes in sentencing • Conduct which is always criminal

14 The right to privacy
Article 8
The aims of Article 8 • Respect • A right to privacy? breach of confidence • Private life • Personality • Sexual orientation • Appearance • Searches of the person • Private life and discipline • The ‘private life’ of prisoners Family life • Press freedom • Journalists’ sources

17 Freedom of assembly
Article 11
The freedom defined • What is an assembly? • The state’s duty • Article 10 and Article 11 • Political activities • Trade unions • Private associations • An association and its members • Banning demonstrations • State officials

18 The right to marry
Article 12
The rights protected • Who can marry? • The rights of transsexuals • The right to divorce?

19 The right to property
Article 1 of the First Protocol
English law and the right to property • ‘Possessions’ and ‘property’ • Analysis of the article • The general approach • Peaceful enjoyment • Deprivation of property • Compensation • Control of use • Taxation • Confiscation of proceeds of crime • Forfeiture of goods – customs and the ports • Business and livelihood

20 Free elections
Article 3 of the First Protocol
The importance of democracy • The state’s obligation • The scope of Article 3 • Voting systems • The franchise • The legislature • The position of candidates • Party political broadcasts

21 The problem of terrorism
Terrorism and the rule of law • What is terrorism? • Dealing with the threat • The Terrorism Act 2000 • The Anti-Terrorism, Crime and Security Act 2001 • The right to life • Freedom from torture • Arrest without warrant • Port and border controls • Detention of suspected terrorists • The presumption of innocence • Unknown evidence • Precision in the law • Disclosure of information • Personal Searches • Freedom of association

22 Conclusion

Appendix 1 The Human Rights Act 1998
Appendix 2 The European Convention for the Protection of Human Rights and Fundamental Freedoms
Appendix 3 Members of the Council of Europe and Convention ratifications
Appendix 4 The Universal Declaration of Human Rights

Further reading
Index

Features
o Full discussion of the background to the 1998 Act, the place of the Act in our constitution, the way the Act works and remedies available under it.
o Practical examples of the operation of human rights, and of the effect of the Act in everyday life, including both UK and European case law examples.
o The full text of both the Act and the European Convention are contained in the appendix section, for ease of reference.
o End of chapter questions encourage student self-assessment and provide an opportunity to consider the issues raised.
o Visual study aids, such as diagrams and photographs, are used to bring the subject to life.
o Regular updates will be available on a companion website, to keep the material current in this rapidly changing area of the law.

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