内容

目次

The concept of a lawful interference with fundamental rights, HelenMountfield: overview; the contention meaning of "prescribed by law"; areas ofpotential change in English law. Identifying the principles ofproportionality, Michael Fordham and Thomas de la Mare: introduction;proportionality - suggested principles; "Wednesbury" review; Luxembourgreview; Strasbourg review; constitutional review; intensive domestic review;Human Rights Act review; proportionality under the 1998 Act - suggestedrules. determining civil rights and obligations, Javan Herberg, Andrew LeSueur and Jane Mulcahy: the gateway to Article 6.1 protection; the context ofincorporation; "contestation"; "arguable" rights; determination; civil rightsas "private rights"?; "recognised" by domestic law. Positive obligationsunder the convention, Keir Starmer: introduction; the theoretical basis forpositive obligations; the scope of positive obligations under the convention;the duty to put in place a legal framework which provides effectiveprotection for convention rights; the duty to prevent breaches of conventionrights; the duty to provide information and advice relevant to a breach ofconvention rights; the duty to respond to breaches of convention rights; theduty to provide resources to individuals whose convention rights are atstake; the relationship between positive and negative obligations;conclusion. The "horizontal effect" of the Human Rights Act - moving beyondthe public-private distinction, Murray Hunt: introduction; the range ofopinions; commonwealth comparisons; the inappropriateness of the geometricmetaphor; how should the common law be rendered compatible?. The place of theHuman Rights Act in a democratic society, Rabinder Singh: the political andphilosophical background to the relationship between fundamental human rightsand democracy; the principles in the case-law of the European Court of HumanRights on the relationship between democracy and human rights; the HumanRights Act - a democratic bill of rights.