Monitoring the Government's response to court judgments finding breaches of human rights


Book Description

In the UK's institutional arrangements for protecting human rights, both Parliament and the judiciary have a central role. When the courts give a judgement finding that a law, policy or practice is in breach of human rights, it is for Parliament to scrutinise the adequacy of the Government's response and in some cases decide if there needs to be a change in law. An important part of the role of the Committee is to help Parliament in this function. This report brings together all their monitoring work in relation to both judgements of the European Court of Human Rights and declarations of incompatibility given by UK courts under the Human Rights Act.




Monitoring the Government's Response to Human Rights Judgments


Book Description

This is the Committee's second annual report monitoring the Government's response to human rights judgments in the European Court of Human Rights. The Committee criticises the Government for its failure to respond to many of its recommendations in its previous report (17th report session 2006-07, HL 128/HC 728, ISBN 9780104011065). The Committee believes the Government should take a consistent and transparent approach across departments to the way in which it responds to declarations of incompatibility and judgments fro the European Court, with the Ministry of Justice co-ordinating the response to adverse judgments. This report also examines a number of issues arising from outstanding judgments: access to artificial insemination for prisoners and their partners; controlling membership of trade union; prisoners' voting rights; investigations into cases involving the use of lethal force; security of tenure for gypsies and travellers, and the corporal punishment of children.




Enhancing Parliament's role in relation to human rights judgements


Book Description

Enhancing Parliament's role in relation to human rights Judgments : Fifteenth report of session 2009-10, report, together with formal minutes and written Evidence




Research Handbook on Compliance in International Human Rights Law


Book Description

This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.




Law and Administration


Book Description

A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.




The UK and European Human Rights


Book Description

The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.




Responding to Human Rights Judgments


Book Description

On 31 October, 2008 the Joint Committee on Human Rights (the Joint Committee) published its report Monitoring the Government's Response to Human Rights Judgments: Annual Report 2008 (HL 173/HC 1078). This title sets out the Government's position on the implementation of human rights judgments.







Fenwick on Civil Liberties & Human Rights


Book Description

More than merely describing the evolution of human rights and civil liberties law, this classic textbook provides students with detailed and thought-provoking coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, Fenwick on Civil Liberties and Human Rights considers a number of recent major changes in the law – in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015 – whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media. Comprehensive and authoritative, this textbook offers an essential resource for students on human rights or civil liberties courses, as well as a useful reference for students and scholars of UK Public Law.




Remedies for Human Rights Violations


Book Description

An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.