Understanding Human Rights Principles

Jeffrey Jowell QC is Professor of Public Law and Dean of the Faculty of Laws at University College London and a practising Barrister at Blackstone Chambers. Jonathan Cooper is a Barrister at Doughty Street Chambers.

• The concept of a lawful interference with fundamental rights, Helen Mountfield: overview; the contention meaning of "prescribed by law"; areas of potential change in English law. Identifying the principles of proportionality, Michael Fordham and Thomas de la Mare: 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, Javan Herberg, Andrew Le Sueur and Jane Mulcahy: 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, Keir Starmer: 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, Murray Hunt: 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, Rabinder Singh: 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.

Among the plethora of offerings, this brief volume makes a distinctive, and distinguished contribution. many sensitive and informed reflections in this slim volume. The authors' experience gives their discussions a practical aspect which will be of particular benefit to practitioners. P. M. Roth Q.C., Monkton Chambers European Human Rights Law Review May 2001 ...another excellent addition to the JUSTICE series 'Putting Rights into Practice' Susan Nash, University of Westminster New Law Journal May 2001 ...the text covers some essential issues in a comprehensive and stimulating fashion, giving the reader the benefit of each authors vast experience in the specific area and allowing him or her to reflect on the possible application of these issues in practice. [It] will provide the student with an excellent opportunity to become acquainted with the exhaustive case law surrounding these issues and to understand the basic arguments relating to the determination of human rights disputes. Understanding HR Principles is another excellent addition to the very impressive series of texts on human rights and public law in the Hart series. Steve Foster The Law Teacher February 2003