Using Human Rights Law in English CourtsHart Publishing, 19/02/1998 - 464 من الصفحات The primary purpose of this book is to demonstrate the scope that already exists for using international human rights law in English courts, regardless of its status as 'incorporated' or 'unincorporated'. Murray Hunt addresses directly what are commonly supposed to be the theoretical obstacles to using human rights law in English courts and aims to raise awareness of the extent to which these have now fallen away in light of recent developments in English judicial practice. The book was first published in hardback in March 1997. |
المحتوى
1 The Changing Domestic Status of International Legal Norms | 1 |
2 The Implications of European Community Membership for Sovereignty Theory | 44 |
3 The Inadequacy of Sovereignty Theory Exposed | 89 |
4 The Early Domestic Career of International Human Rights Law | 127 |
5 The Emergence of a Common Law Human Rights Jurisdiction | 162 |
6 Human Rights in Administrative Law | 207 |
7 The Reception of International Human Rights Law via European Community Law | 262 |
8 Towards an Interpretive Obligation | 297 |
Table of English Cases in which Judicial Reference has been made to Unincorporated International Human Rights Law | 325 |
The Bangalore Principles 1988 | 385 |
The Universal Declaration of Human Rights 1948 | 387 |
The European Convention on Human Rights 1950 Section I and Relevant Protocols | 395 |
The International Convenant on Civil and Political Rights 1966 Parts IIII | 405 |
Home Office Policy DP293 | 415 |
| 421 | |
طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
ambiguity approach argued argument Article Brind case-law Civ Div considered constitutional construction construed Court of Appeal Court of Human customary international law decision directly effective Community discretion domestic courts domestic law domestic status effective Community law EHRR English courts English law European Community European Convention European Court exercise Factortame fundamental rights give effect Home Department House of Lords human rights law human rights norms Ibid incorporation international human rights international obligations international treaties interpretive obligation judges judgment Judicial review Immigration jurisdiction legislation legitimate expectation Lord Browne-Wilkinson Lord Denning Lord Diplock Lord Scarman Lord Templeman national courts national law Parliament parliamentary sovereignty principle protection provisions QBD DC recognised reference relevant review Immigration ECHR Scarman Secretary Spycatcher SS Home Dept statute statutory interpretation substantive tion UK courts UK's unincorporated international Wednesbury Wednesbury unreasonable