THE COMPATIBILITY OF COMPULSORY PURCHASE ORDERS AND HUMAN RIGHTS


Book Description

This text examines the compatibility of CPOs and human rights. Through the prism of the European Convention on Human Rights which (incorporates the Human Rights Act 1998) and the applicable international human rights conventions. By analysing the underlying policies, practices and decisions. Such as consultation, internal processes, viability reports, environmental or equality matters, planning permission, the adverse impact on residents in settled communities. Crucially in relation to fundamental life indicators, like employment, finances, culture, health and Education. The text also highlights the almost inevitable historical, institutional and structural disproportionate impact on racial minorities. Which therefore entails an imperative analysis of the CPO applicable statutory compensation. In terms of fairness, justice and equity. And examining whether the associated legal remedies are practically or meaningfully enforceable. Concluding with proposals for reform.




The Law of Compulsory Purchase


Book Description

Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.




Civil Liberties and Human Rights


Book Description

This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era




Human Rights Law


Book Description

Covers all the core areas of human rights law, combining an engaging approach with helpful learning features and plenty of headings to make this an ideal text for those new to the subject Summaries, definitions, discussion topics and further reading references are integrated throughout the text and presented in a fresh colour design to illuminate legal complexities and highlight essential concepts Reflective questions are included at the end of each chapter, with suggested key issues for consideration provided on the book's accompanying website. These encourage students to reinforce their learning and foster best practice in developing a reasoned and structured approach to problem solving An accompanying website provides updates on case law and legislative developments as well as an interactive test bank of multiple choice questions to help students consolidate their knowledge Fresh two-colour text design makes the book easy to navigate and highlights cross references and learning features Human Rights Law is written in an engaging and lively manner with an emphasis on explaining the key topics covered on human rights law courses with clarity. No previous knowledge of the subject is assumed but the book provides a thorough introduction to the Human Rights Act 1998 and the way in which the Act gives effect to the European Convention on Human Rights. It looks at the main terms and implications of the convention rights themselves, highlighting some of the more complex and controversial issues of the subject.




Principles of Legislative and Regulatory Drafting


Book Description

Principles of Legislative and Regulatory Drafting provides a succinct guide to an area of law and practice which has previously been poorly served by English textbooks. It explains how drafters can convert legislative and regulatory policy into a form which has the desired effect in the most direct and accessible way. On the basis that those who seek to communicate must be conscious of how their words will be read, it includes a chapter on interpretation. Other chapters include the nature of drafting instructions (including ethical considerations), the general principles of drafting, the protection of human rights, the creation of statutory corporations and schemes of licensing, subordinate legislation, and the creation of criminal offences. The principles and skills of drafting are very largely common to both the legislative and regulatory fields, but the book draws attention to areas in which significant differences arise. Extracts from the Interpretation Act 1978 and the European Convention on Human Rights are included as Appendices. The book provides an invaluable introduction for those engaged in legislative and regulatory drafting, while also being useful to anyone who is interested in the creation and interpretation of legislative and regulatory texts.




Human Rights


Book Description

Key Facts Key Cases: Human Rights will ensure you grasp the main concepts of your Human Rights module with ease. This book explains the facts and associated case law for: What human rights apply in the United Kingdom, Europe and other parts of the world The European Convention on Human Rights and the Human Rights Act How the various rights, freedoms and prohibitions which now pervade English law operate How rights affect important issues including discrimination, public order, police powers and terrorism How human rights operate in the global and other continental regional contexts Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition




Human Rights Law


Book Description

This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.




Compulsory Purchase and Compensation in Ireland: Law and Practice


Book Description

Compulsory Purchase and Compensation in Ireland comprises a comprehensive inventory of compulsory purchase powers by various State and semi-State bodies in Ireland, together with a detailed and practical analysis of the law of compensation in respect of compulsory purchase. Divided into two highly practical sections, this 2nd edition key title provides the busy practitioner with a comprehensive guide to the complex subject of compulsory purchase and compensation. Drawing on a wealth of learning and experience, the author will unravel the intricacies of the present law and practice, and clearly present the advice and guidance legal practitioners working in this area will require. Part one deals with the voluminous statute law governing compulsory purchase powers and procedures. Part two covers the equally important topic of assessment of compensation. A must-have book for all practitioners specialising in property and land law.




Proportionality and Deference Under the UK Human Rights Act


Book Description

A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.




Compulsory Purchase and Compensation in Ireland


Book Description

Compulsory Purchase and Compensation in Ireland comprises a comprehensive inventory of compulsory purchase powers by various State and semi-State bodies in Ireland, together with a detailed and practical analysis of the law of compensation in respect of compulsory purchase.Divided into two highly practical sections, this 2nd edition key title provides the busy practitioner with a comprehensive guide to the complex subject of compulsory purchase and compensation. Drawing on a wealth of learning and experience, the author will unravel the intricacies of the present law and practice, and clearly present the advice and guidance legal practitioners working in this area will require. Part one deals with the voluminous statute law governing compulsory purchase powers and procedures. Part two covers the equally important topic of assessment of compensation. A must-have book for all practitioners specialising in property and land law.