Cowell The Case Against the 1998 Human Rights Act

A Critical Assessment
1. Auflage 2017
ISBN: 978-1-315-31004-6
Verlag: Taylor & Francis
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 236 Seiten

Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.

Autoren/Hrsg.

Cowell, Frederick

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht

Inhaltsverzeichnis

Introduction: Is the Human Rights Act Hated? Frederick Cowell

Part I: The Constitutional, Political and Legal Context of the Case Against the HRA

1. An Ingenious Failure? The Human Rights Act and Parliamentary Sovereignty, Stephen Dimelow

2. The powers of the judiciary and the Human Rights Act, Adam Tucker

3. The Conservative Party and Human Rights: A complicated journey, Graham Gee

4. Attacks on the Human Rights Act in the wider international context, Bill Bowring

Part II: Specific Issues in the Case Against the HRA

5. Anti-immigration politics and the Human Rights Act, Thomas Southerdern

6. Who says the last word? The Human Rights Act and problems of sovereignty, Kanstantsin Dzehtsiarou

7. Terrorist threats, Anti-Terrorism and the case against the Human Rights Act, Rachel Logan

8. The perception of the legal profession and the case against the Human Rights Act, Nicolas Kang-Riou

Part III: Social and Political Structures and the Case Against the HRA

9. Modern Mythology: how the Human Rights Act is misinterpreted in the media, Adam Wagner

10 Can Civil Liberties, the Common law and the Magna Carta do the job of the Human Rights Act? Colin Murray

11. A Rights Culture in the UK: The failure of the Human Rights Act to develop a rights culture, Trudy Morgan

12. Conclusion: The significance of the case against the Human Rights Act, Frederick Cowell

Über Autor(innen)

Frederick Cowell is based at the School of Law, Birkbeck