Legislating for Human Rights

Jonathan Cooper is a Barrister at Doughty Street Chambers.

• Part 1 General statements on the Human Rights Act: opening speeches at second reading; ministerial replies at second reading; general contribution during second reading; opening speech at third reading. Part 2 The Human Rights Act section by section: long title; section 1 the convention rights; section 2 interpretation of convention rights; section 3 interpretation of legislation; section 4 declaration of incompatibility; section 5 right of the crown to intervene; section 6 acts of public authorities; section 7 proceedings; section 8 judicial remedies; section 9 judicial acts; section 10 power to take remedial action; section 11 safeguard for existing human rights; section 12 freedom of expression; section 13 freedom of thought, conscience and religion; section 14 to 17 derogations and reservations; section 18 appointment to European Court of Human Rights; section 19 statements of compatibility; section 20 orders etc. under this act; section 21 interpretation; section 22 short title, commencement, application and extent; schedule 2 remedial orders. Part 3 Specific issues arising out of the Human Rights Act: articles 8 & 10 press freedom, self regulation and the right to respect for private life; article 13 the absence of a right to an effective remedy; margin of appreciation; Human Rights Commission; parliamentary committee; article 14 protecting against discrimination; Scotland; Channel Islands and the Isle of Man; duties on counsel.

It is a useful and interesting guide for non-lawyers seeking to identify the underlying principles of the Act and for those legal practitioners and academic who failed to follow the ministerial debate surrounding incorporation, it provides a means of making up for lost ground. Susan Nash New Law Journal January 2001 The book will be of great use to practitioners working in the field of human rights law The editors are to be congratulated on the laborious work involved in collecting and selecting the material for the book and for arranging its publication in such a convenient form for use by practising and academic lawyers. Robert Blackburn, King's College Journal of Legislative Studies January 2001 This is an essential book for all those who will have to argue about what the Human Rights Act 1998 was intended by Parliament to mean. Kris Gledhill Lawzone July 2001 This book was an ingenious idea. This collection is likely to prove of great benefit to human rights practitioners. Tim Ward, Barrister Solicitors' Journal February 2003