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Principles of Human Rights Adjudication [Hardcover]

Conor Gearty


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C. A. Gearty
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...this is one of the best and most important works on the Human Rights Act. Non-lawyers should read this book to find out what all the fuss is about and to reclaim such an important part of their political and constitutional heritage. Lawyers should read this book in order to understand how more convincingly to argue for values rather than narrow points of law ... It should stimulate a very lively and positive debate about many key issues for some years to come. (Shami Chakrabarti, Director ofLiberty, European Human Rights Law Review )

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The Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers beieve that it is the greatest thing that they have done, whereas others view it as a dangerous mistake. This volume explains what the Act is about, where it fits into Britain's constitutional tradition, and explores whether or not it has achieved its goals. The Act has now been in force for three years, and a large body of case law has built up around it. It has enjoyed its fair share of controversies and has produced its own range of disappointments. The Act has become part and parcel of law courses in all universities, and has attracted the attention of practitioners from all areas of practice. It is now part of Britain's constitutional furniture, of interest and relevance not only to lawyers but also to political scientists, contemporary historians, and the general public. This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order. It locates the measure in its political and historical context and analyses the case law from the perspective not only of principle but also of practical experience. It examines the effect of the Act, and provides the reader with the tools to make informed predictions on the likely outcome of cases.

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This book sets out an argument for a particular interpretation of the United Kingdom's Human Rights Act. Read the first page
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