Understanding Human Rights Principles : Understanding Human Rights Principles :.

Half Title Page -- Title Page -- Title verso -- Contents -- Foreword -- List of Contributors -- Introduction -- The Concept of a Lawful Interference with Fundamental Rights -- Overview -- The Convention Meaning of "Prescribed by Law -- Areas of Potential Change in English Law -- Identifying the Principles of Proportionality -- Introduction -- Proportionality: Suggested Principles -- Wednesbury Review -- Luxembourg Review -- Strasbourg Review -- Constitutional Review -- Intensive Domestic Review -- Human Rights Act Review -- Proportionality Under the 1998 Act: Suggested Rules -- Determining Civil Rights and Obligations -- The Gateway to Article 6.1 Protection -- The Context of Incorporation -- Contestation -- Arguable" Rights -- Determination -- Civil Rights as "Private Rights"? -- Recognised" by Domestic Law -- Positive Obligations Under the Convention -- Introduction -- The Theoretical Basis for Positive Obligations -- The Scope of Positive Obligations Under the Convention -- The Duty to Put in Place a Legal Framework which Provides Effective Protection for Convention Rights -- The Duty to Prevent Breaches of Convention Rights -- The Duty to Provide Information and Advice Relevant to a Breach of Convention Rights -- The Duty to Respond to Breaches of Convention Rights -- The Duty to Provide Resources to Individuals Whose Convention Rights are at Stake -- The Relationship Between Positive and Negative Obligations -- Conclusion -- The "Horizontal Effect" of the Human Rights Act: Moving Beyond the Public-Private Distinction -- Introduction -- The Range of Opinions -- Commonwealth Comparisons -- The Inappropriateness of the Geometric Metaphor -- How Should the Common Law be Rendered Compatible? -- The Place of the Human Rights Act in a Democratic Society.

The Political and Philosophical Background to the Relationship Between Fundamental Human Rights and Democracy -- The Principles in the Case-Law of the European Court of Human Rights on the Relationship Between Democracy and Human Rights -- The Human Rights Act: A Democratic Bill of Rights.

This text explores each of the principles which bring Human rights to life through comprehensive, informative and provocative papers.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.