The Law Of Human Right: Richard Clayton Hugh To Mlinson Volume – 2

The Law of Human Rights has been highly acclaimed and is quickly establishing itself as the authoritative practitioner text in the field. Written by two leading practitioners, it provides a comprehensive and systematic treatment of human rights law and practice in the UK and offers detailed analysis of the effects of incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998, including an examination of the wider impact of the new regime upon the civil and criminal law more generally. It draws systematically upon European Convention case-law, common law principles and practice, experience from Canada, New Zealand and other jurisdictions, as well as detailed analysis of the new Act itself, to provide essential guidance on how the new law is working in practice, while the annual supplements track the case-law as it is actually decided. The first section deals with the nature of rights, problems of incorporation, the impact of the Convention prior to incorporation and the interpretation of human rights instruments. The main part of the book consists of a detailed analysis of the rights granted by the Convention, and the effects of their incorporation. Each chapter in this section focuses upon a particular right, and contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to a number of subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners.