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Property and The Human Rights Act 1998

Property and The Human Rights Act 1998
Author: Tom Allen
Publisher: Bloomsbury Publishing
Total Pages: 356
Release: 2005-10-01
Genre: Law
ISBN: 1847310036

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By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.


Property and the Human Rights Act 1998

Property and the Human Rights Act 1998
Author: Tom Allen
Publisher:
Total Pages: 325
Release: 2005
Genre: Electronic books
ISBN: 9781472563453

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By giving further effect to the European Convention on Human Rights, the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of p.


The Human Right to Property

The Human Right to Property
Author: Theo R. G. van Banning
Publisher: Intersentia nv
Total Pages: 468
Release: 2002
Genre: Human rights
ISBN: 9050952038

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3 Framework for research


The Impact of the UK Human Rights Act on Private Law

The Impact of the UK Human Rights Act on Private Law
Author: David Hoffman
Publisher: Cambridge University Press
Total Pages:
Release: 2011-10-13
Genre: Political Science
ISBN: 1139503200

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.


The Human Rights Act 1998

The Human Rights Act 1998
Author: Lammy Betten
Publisher: Martinus Nijhoff Publishers
Total Pages: 344
Release: 1999-06-23
Genre: Political Science
ISBN: 9789041110855

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5. A Conference Book.


Blackstone's Guide to the Human Rights Act 1998

Blackstone's Guide to the Human Rights Act 1998
Author: John Wadham
Publisher: Blackstone Press
Total Pages: 334
Release: 1999
Genre: Law
ISBN:

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The Human Rights Act 1998 and the incorporation of the European Convention on Human Rights should have a significant impact in the constitutional balance between the citizen and the state. The Act ensures that the rights in the Convention are binding on all public bodies or those that exercise public functions.


The European Court of Human Rights

The European Court of Human Rights
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2021-04-30
Genre: Law
ISBN: 1839108347

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This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.


The Human Rights ACT 1998 - What It Means

The Human Rights ACT 1998 - What It Means
Author: Betten
Publisher: Martinus Nijhoff Publishers
Total Pages: 336
Release: 2023-11-27
Genre: Law
ISBN: 9004637524

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The incorporation of the provisions of the European Convention on Human Rights and Fundamental Freedoms into the domestic law of the United Kingdom raises many questions. What does it mean now that the Convention's provisions are expressly laid down in a national Act? Does it mean the addition of a number of - in the view of Lord Denning - broad principles which are `capable of giving rise to an infinity of argument' and which will do little to improve the human rights protection of the individual citizen? Or has the Act finally brought human rights `home', as Prime Minister Tony Blair claims? The Exeter School of Law's Centre for European Legal Studies invited a number of distinguished practitioners and scholars to shed light on a few of the questions which occupy the minds of many in the UK today. All of the contributors to the Centre's annual Lasok Conference agreed to put their findings in writing. This book is the result. It offers analyses and opinions from the point of view of practitioners, politicians, the Council of Europe and academics. It gives fascinating answers to those who are still wondering about the significance of it all.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.