Property and The Human Rights Act 1998
Title | Property and The Human Rights Act 1998 PDF eBook |
Author | Tom Allen |
Publisher | Bloomsbury Publishing |
Total Pages | 356 |
Release | 2005-10-01 |
Genre | Law |
ISBN | 1847310036 |
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
Title | Property and the Human Rights Act 1998 PDF eBook |
Author | Tom Allen |
Publisher | |
Total Pages | 325 |
Release | 2005 |
Genre | Electronic books |
ISBN | 9781472563453 |
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
Title | The Human Right to Property PDF eBook |
Author | Theo R. G. van Banning |
Publisher | Intersentia nv |
Total Pages | 468 |
Release | 2002 |
Genre | Human rights |
ISBN | 9050952038 |
3 Framework for research
The Human Rights Act 1998
Title | The Human Rights Act 1998 PDF eBook |
Author | Lammy Betten |
Publisher | Martinus Nijhoff Publishers |
Total Pages | 344 |
Release | 1999-06-23 |
Genre | Political Science |
ISBN | 9789041110855 |
5. A Conference Book.
Blackstone's Guide to the Human Rights Act 1998
Title | Blackstone's Guide to the Human Rights Act 1998 PDF eBook |
Author | John Wadham |
Publisher | Blackstone Press |
Total Pages | 334 |
Release | 1999 |
Genre | Law |
ISBN |
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 Universal Declaration of Human Rights
Title | The Universal Declaration of Human Rights PDF eBook |
Author | |
Publisher | |
Total Pages | 32 |
Release | 1978 |
Genre | Civil rights |
ISBN |
The Impact of the UK Human Rights Act on Private Law
Title | The Impact of the UK Human Rights Act on Private Law PDF eBook |
Author | David Hoffman |
Publisher | Cambridge University Press |
Total Pages | |
Release | 2011-10-13 |
Genre | Political Science |
ISBN | 1139503200 |
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.