Human Rights in the UK Supreme Court

Hardcover | April 28, 2013

byBrice Dickson

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How does the UK Supreme Court approach human rights law? This book presents the first comprehensive overview of the human rights jurisprudence of the Court, analysing the opinions expressed by the current Justices and their predecessors, both judicially and extra-judicially. It criticizes thejudges for not developing the common law in a way which supplements the Human Rights Act, for not making imaginative enough use of that Act, and for adopting an attitude to Convention rights which is often out of step with the jurisprudence of the European Court of Human Rights in Strasbourg. After setting the scene by explaining the constraints which are placed on the Supreme Court Justices, the book considers how human rights are conceptualized by the Court in general and how in particular the procedural questions thrown up by the Human Rights Act have been dealt with so far. It thenexamines on a right-by-right basis the Justices' position on all the Convention rights and those additional international human rights standards which have been incorporated into UK law. Focusing on the views expressed by individual judges, the book details the many differences of opinion which havecome to light and characterizes the prevailing positions, before attempting to predict what stance may be adopted in future on new issues.The book offers an invaluable resource for any practitioners bringing human rights cases before the Court, and its critical arguments on the state of UK human rights law will be essential reading for all academics working in European human rights law.

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How does the UK Supreme Court approach human rights law? This book presents the first comprehensive overview of the human rights jurisprudence of the Court, analysing the opinions expressed by the current Justices and their predecessors, both judicially and extra-judicially. It criticizes thejudges for not developing the common law in ...

Brice Dickson is Professor of International and Comparative Law at Queen's University Belfast and a former Chief Commissioner of the Northern Ireland Human Rights Commission. He has published widely on human rights and on judicial activism, particularly at the level of the House of Lords and Supreme Court.

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Format:HardcoverDimensions:400 pages, 9.69 × 6.73 × 0.1 inPublished:April 28, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199697450

ISBN - 13:9780199697458

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Table of Contents

1. Introduction2. The Supreme Court and its Conception of Human Rights3. Approaches to the Human Rights Act4. The Right to Life5. The Right not to be Ill-Treated6. The Right to Liberty7. The Right to a Fair Trial8. The Right to a Private and Family Life9. The Rights to Believe, Associate, and Marry10. The Right to Free Speech11. Equality and Freedom from Discrimination12. The Right to PropertyAppendices:1. Law Lords and Justices since the enactment of the Human Rights Act 19982. Biographies of current Supreme Court Justices3. Decisions by the House of Lords or Supreme Court considered by the European Commision or Court of Human RightsBibliography