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Making Rights Real: The Human Rights Act in Its First Decade (Human Rights Law in Perspective) [Hardcover]

Ian Leigh , Roger Masterman
4.0 out of 5 stars  See all reviews (1 customer review)
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Book Description

29 Aug 2008 Human Rights Law in Perspective (Book 15)
More than five years after the commencement 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'.

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Product details

  • Hardcover: 310 pages
  • Publisher: Hart Publishing (29 Aug 2008)
  • Language: English
  • ISBN-10: 1841133531
  • ISBN-13: 978-1841133539
  • Product Dimensions: 23.4 x 16 x 3 cm
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Bestsellers Rank: 1,333,575 in Books (See Top 100 in Books)

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Review

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

About the Author

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.

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2 of 2 people found the following review helpful
Format:Hardcover
I found this book an excellent and detailed exposition of popular, political and judicial reception to the Human Rights Act, as well as the technicalities of its application. I would not recommend it to a student new to human rights law, but it is clearly written by experts with an eye for the peculiarities of the Act's application and judicial interpretation. My only quibble would be that it seems to take a rather politically and legally narrow approach to 'horizontal' rights, and reflect a flawed understanding of the genuine difficulties vulnerable parties may have in upholding their rights against private individuals - as in the YL v Birmingham City Council case. There is little discussion of the wider accessibility of human rights law for rights holders. For instance, discussion of the availability of legal aid, and the obstacles presented by other power imbalances between private parties and public authorities which may dissuade some from taking action to protect their interests. Coverage of these issues would better justify the 'real' in the title.
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