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Delivering Rights

How the Human Rights Act is Working and for Whom

Editor(s): Jeffrey Jowell, Jonathan Cooper
Media of Delivering Rights
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Published: 13-11-2003
Format: Paperback
Edition: 1st
Extent: 221
ISBN: 9781841132877
Imprint: Hart Publishing
Series: The Justice Series - Putting Rights into Practice
Dimensions: 216 x 138 mm
RRP: £32.99
Online price : £29.69
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Loren Epson

About Delivering Rights

As is well known the Human Rights Act 1998 (HRA) is a constitutional
innovation,but can its scheme deliver? This timely and provocative
book probes the extent to which the HRA is guaranteeing rights and
whether 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 the
HRA were analysed and subjected to detailed scrutiny
by expert practitioners and academics. The result is seven chapters
of 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 using
Community 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 authority
definition under the Act. Finally access to court under the
Human Rights Act is examined including standing, legal assistance and third party intervenors.

The book's contributors are the leading experts in the field including
Dinah Rose, Nathalie Lieven, Janet Kentridge, Kate Markus,
Richard Clayton QC, Peter Roth QC, and Tim Owen QC. It provides
an unparalleled examination of the scheme of the Human
Rights Act and its component parts and it is of direct relevance to the
practitioner and academic.

Table Of Contents

Introduction
Jeffrey Jowell QC and Jonathan Cooper

The Reach of the Human Rights Act 1998: Its Jurisdictional Scope
Janet Kentridge

Interpretation and Incompatibility: Striking the Balance
Dinah Rose and Claire Weir

Fair Trial Rights, Due Deference and the Wider Impact of the Human Rights Act in Administrative Law
Tim Owen QC

What is Public Power: The Courts' Approach to the Public Authority Definition Under the Human Rights Act
Kate Markus

Access to the Court Under the Human Rights Act: Standing, Third Party Intervenors and Legal Assistance
Nathalie Lieven and Charlotte Kilroy

Remedies for Breach of Human Rights: Does the Human Rights Act Guarantee Effective Remedies?
Richard Clayton QC

Remedies Under the Human Rights Act: A Community Law Perspective
P. M. Roth QC

Reviews

“If you are interested in the Human Rights Act but are not an expert, this book will add class to your act. If you are an expert, you should find it stimulating and useful for reference.” –  Charles Bourne, Independent Lawyer

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