Human Rights and European Law: Building New Legal Orders

Hardcover | February 8, 2015

byMary Arden

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Senior judges and politicians increasingly question the role of the EU and the European Court of Human Rights. Some call for a reconsideration of the influence of transnational courts in the legal life of the UK, while others argue for a repeal of the Human Rights Act in favour of a BritishBill of Rights. Many perceive control of law-making as moving irreversibly away from the UK and into the hands of Europe. In contested domains like national security and individual freedoms there are concerns that the British national identity is being lost.Against this backdrop of confusion, Mary Arden's voice is one of reason. A senior judge who has been at the heart of dialogue between domestic and international judges, Mary Arden is uniquely placed to discuss the impact of developments in human rights and European law. In this major new collectionof her writings, Mary Arden clarifies the issues at stake with the new European legal orders. She explains the major developments in simple terms, addresses core criticisms of the EU and the ECHR, and examines the practical effects of these institutions on domestic legislation and case law. In describing the far-reaching impact of EU law and the Human Rights Act, Mary Arden gives an insider's view of key conflicts including national security versus freedom of the individual, and freedom of the press versus the individual's right to privacy. She also outlines how domestic courts havebeen able to draw upon the decisions of Strasbourg in the key battlefields of media freedom, data protection, and national security.

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Senior judges and politicians increasingly question the role of the EU and the European Court of Human Rights. Some call for a reconsideration of the influence of transnational courts in the legal life of the UK, while others argue for a repeal of the Human Rights Act in favour of a BritishBill of Rights. Many perceive control of law-m...

The Rt. Hon. Lady Justice Arden DBE was called to the Bar of England and Wales in 1971, and became a Queen's Counsel in 1986. She was appointed a Justice of the High Court of Justice of England and Wales in 1993, the first woman judge to be assigned to the High Court's Chancery Division. From 1996 to 1999 she was the Chair of the Law C...

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Format:HardcoverDimensions:368 pages, 9.21 × 6.14 × 1.1 inPublished:February 8, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198728573

ISBN - 13:9780198728573

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Table of Contents

The Rt Hon The Lord Chief Justice of England and Wales: PrefaceIntroduction: Why this Collection?SECTION A - Mastering a New SystemRt Hon Sian Elias, DBE PC, Chief Justice of New Zealand: PrefacePart I: Implementing Human Rights1. Common Law in the Age of Human Rights2. Building a Better Society3. On LibertyPart II: Understanding Proportionality and Subsidiarity4. Proportionality: The Way Ahead5. Subsidiarity and Decentralization6. Press, Privacy, and Proportionality: The Impact of Proportionality on Judicial ReviewPart III: Interpreting Legislation - New Approaches Emerge7. The Interpretation of UK Domestic Legislation in the Light of the European Convention On Human Rights8. The Changing Judicial Role: Human Rights, Community Law, and the Intention of Parliament9. Statutory Interpretation and Human RightsSECTION B - Balancing Different InterestsBernard Stirn and Matthias Gyomar, members of the French Conseil d'Etat: PrefacePart IV: Balancing Human Rights and National Security10. Human Rights and National Security11. Balancing Human Rights and National Security - Conclusions12. Meeting the Challenge of Terrorism: The Experience of English and Other CourtsPart V: Privacy: Balancing Public and Private Interests13. The Future of the Law of Privacy14. Human Rights and Civil Wrongs: Tort Law under the Spotlight15. Media Intrusion and Human Rights: Striking the BalanceSECTION C - Beyond Our Own HorizonsProfessor Dr Andreas Vosskuhle, President of the German Federal Constitutional Court: PrefacePart VI: The Value of the International Perspective16. Freedom of Expression and the Role of the Supreme Court17. Prospective OverrulingPart VII: Working Out the Right Relationship with the European Supranational Courts18. Peaceful or Problematic? The Relationship between National Supreme Courts and the Supranational Courts in Europe19. Jurisdiction of the New UK Supreme Court20. An English Judge in EuropeEpilogueAppendix: Convention Rights Incorporated by Schedule 1 of the Human Rights Act 1998Glossary