Proportionality And Deference Under The Uk Human Rights Act

Author : Alan D. P. Brady
Publisher : Cambridge University Press
ISBN 13 : 1107013003
Total Pages : 311 pages
Book Rating : 4.01/5 ( download)

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Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.

Author : Andrew Legg
Publisher : Oxford University Press
ISBN 13 : 0199650454
Total Pages : 259 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Margin of Appreciation in International Human Rights Law written by Andrew Legg and published by Oxford University Press. This book was released on 2012-07-05 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified because although human rights standards are universal, in practice they inevitably look different from place to place.

Author : Alan D. P. Brady
Publisher : Cambridge University Press
ISBN 13 : 1107378834
Total Pages : 311 pages
Book Rating : 4.34/5 ( download)

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Download or read book Proportionality and Deference under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other branches of government. This rigorous analysis of the relationship between proportionality and deference under the Human Rights Act sets out a model of proportionality, drawn from existing case law, which integrates deference within the multi-stage proportionality test. The model is 'institutionally sensitive' and can be applied to proportionality-based judicial review of all forms of government activity. The model is shown in operation in three fields that span the full range of government activity: immigration (administrative action), criminal justice (legislation) and housing (multi-level decisions).

Author : Alan David Patrick Brady
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.42/5 ( download)

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Download or read book A Structural, Institutionally Sensitive Model of Proportionality and Deference Under the Human Rights Act 1998 written by Alan David Patrick Brady and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Aileen Kavanagh
Publisher : Cambridge University Press
ISBN 13 : 1139488961
Total Pages : 470 pages
Book Rating : 4.69/5 ( download)

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Download or read book Constitutional Review under the UK Human Rights Act written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2009-05-07 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Author : Merris Amos
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254439
Total Pages : 989 pages
Book Rating : 4.30/5 ( download)

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Download or read book Human Rights Law written by Merris Amos and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Author : Grant Huscroft
Publisher : Cambridge University Press
ISBN 13 : 1139952870
Total Pages : 433 pages
Book Rating : 4.73/5 ( download)

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Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

Author : Afroditi Marketou
Publisher : Cambridge University Press
ISBN 13 : 1108834485
Total Pages : 423 pages
Book Rating : 4.83/5 ( download)

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Download or read book Local Meanings of Proportionality written by Afroditi Marketou and published by Cambridge University Press. This book was released on 2021-07-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.

Author : Dean R. Knight
Publisher : Cambridge University Press
ISBN 13 : 1108119107
Total Pages : 309 pages
Book Rating : 4.08/5 ( download)

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Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Author : Roger Masterman
Publisher : OUP/British Academy
ISBN 13 : 9780197265376
Total Pages : 0 pages
Book Rating : 4.75/5 ( download)

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Download or read book The United Kingdom's Statutory Bill of Rights written by Roger Masterman and published by OUP/British Academy. This book was released on 2013-04-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effects of the Human Rights Act on the constitutional landscape, its effect on constitutional doctrine, and the reasoning used by judges in giving it effect. The authors study the Act's relationship with other bills of rights and how the Human Rights Act experience can inform the debate over a UK Bill of Rights.