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The Human Rights Act and the Assault on Liberty

The Human Rights Act and the Assault on Liberty Author Parnesh Sharma
ISBN-10 9781908062307
Release 2011-10-01
Pages 316
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Demonstrating that the state of civil liberties and human rights in the United Kingdom are quite perilous, this case study looks at the role of rights vis-à-vis social change and culture. Empirically examining the Human Rights Act (HRA), with asylum serving as the main case study, the book focuses on law in action, based on extensive fieldwork and framed against current events. It also discusses the role of Section 55—a law enacted at the same time as the HRA that was an antithesis of what the HRA promised and which forced thousands of asylum-seekers into destitution. Though Section 55 was eventually defeated, asylum-seekers in the UK are still powerless and marginalized. The book argues that the HRA has proven to be ineffective against illiberal policies and that the development of a culture of rights, as far as asylum is concerned, has stalled. This thoughtful analysis of the use of rights laws to advance social causes presents both potential and pitfalls, making it useful for sociologists, activists, and nongovernmental organizations.



Civil Liberties National Security and Prospects for Consensus

Civil Liberties  National Security and Prospects for Consensus Author Esther D. Reed
ISBN-10 9781107378384
Release 2012-03-01
Pages
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The idea of security has recently seen a surge of interest from political philosophers. After the atrocities of 11 September 2001 and 7 July 2005, many leading politicians justified encroachments on international legal standards and civil liberties in the name of security and with a view to protecting the rights of the people. Suggestions were made on both sides of the Atlantic to the effect that the extremism of terrorism required the security of the many to be weighed against the liberties of other citizens. In this collection of essays, Jeremy Waldron, Conor Gearty, Tariq Modood, David Novak, Abdelwahab El-Affendi and others debate how to move beyond the false dichotomy whereby fundamental human rights and international standards are conceived as something to be balanced against security. They also examine the claim that this aim might better be advanced by the inclusion in public debate of explicitly religious voices.



Counterterrorism Democracy s Challenge

Counterterrorism  Democracy   s Challenge Author Andrea Bianchi
ISBN-10 9781847314376
Release 2008-07-30
Pages 438
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Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.



Aboriginal Fishing Rights

Aboriginal Fishing Rights Author Parnesh Sharma
ISBN-10 STANFORD:36105060370389
Release 1998-01
Pages 104
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This book examines the nature of aboriginal fishing rights before and after the Sparrow decision from the perspective of disadvantaged groups and includes interviews with the key players in the fishing industry—the Musqueam Indian Band, the Department of Fisheries and Oceans, and the commercial industry.



Civil Liberties and Human Rights

Civil Liberties and Human Rights Author Helen Fenwick
ISBN-10 9781843146490
Release 2002-01-02
Pages 1256
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This third edition has been extensively re-written in order to consider the impact of the Human Rights Act 1998. It takes extensive account not only of the Strasbourg jurisprudence, but also of a number of key domestic decisions in the post- Human Rights Act era. Particular attention is paid to Labour legislation including the Terrorism Act 2000, the Regulation of Investigatory Powers Act 2000, the Data Protection Act 1998, the Freedom of Information Act 2000 and the Criminal Justice and Police Act 2001. 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.



Common Sense

Common Sense Author Francesca Klug
ISBN-10 0946088578
Release 2010
Pages 67
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Common Sense has been writing in one form or another for most of life. You can find so many inspiration from Common Sense also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Common Sense book for free.



Essentials of UK Politics

Essentials of UK Politics Author Andrew Heywood
ISBN-10 9780230346192
Release 2011-07-26
Pages 368
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Updated to cover British politics in an age of austerity and coalition government, the new edition of this best-selling AS-level text covers all topics in the Edexcel and AQA syllabi and the core requirements of other boards. Written by a top textbook author and chief examiner it is packed with features to aid learning and revision.



Freedom of Artistic Expression

Freedom of Artistic Expression Author Paul Kearns
ISBN-10 9781782251705
Release 2014-07-18
Pages 260
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This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.



Problem with Human Rights Law

Problem with Human Rights Law Author Michael Arnheim
ISBN-10 1906837694
Release 2015
Pages 42
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Problem with Human Rights Law has been writing in one form or another for most of life. You can find so many inspiration from Problem with Human Rights Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Problem with Human Rights Law book for free.



Human Rights and the End of Empire

Human Rights and the End of Empire Author Alfred William Brian Simpson
ISBN-10 0199267898
Release 2004
Pages 1161
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The European Convention on Human Rights, which came into force in 1953 after signature, in 1950, established the most effective system for the international protection of human rights which has yet conme into existence anywhere in the world. Since the collapse of communism it has come to be extended to the countries of central and eastern Europe, and some seven hundred million people now, at least in principle, live under its protection. It remains far and away the most significant achievement of the Council of Europe, which was established in 1949, and was the first product of the postwar movement for European integration. It has now at last been incorporated into British domestic law. Nothing remotely resembling the surrender of sovereignty required by accession to the Convention had ever previously been accepted by governments. There exists no published account which relates the signature and ratification of the Convention to the political history of the period, or which gives an account of the processes of negotiation which produced it. This book, which is based on extensive use of archival material, therefore breaks entirely new ground. The British government, working through the Foreign Office, played a central role in the postwar human rights movement, first of all in the United Nations, and then in the Council of Europe; the context in which the negotiations took place was affected both by the cold war and by conflicts with the anti-colonial movement, aswell as by serious conflicts within the British governmental machine. The book tells the story of the Convention up to 1966, the date at which British finally accepted the right of individual petition and the jurisdiction of the Strasbourg Court of Human Rights. It explores in detail the significance of the Convention for Britain as a major colonial power in the declining years of Empire, and provides the first full account of the first cases brought under the Convention, which were initiatedby Greece against Britain over the insurrection in Cyprus in the 1950s. It also provides the first account based on archival materials of the use of the Convention in the independence constitutions of colonial territories.



Preventive Detention of Terror Suspects

Preventive Detention of Terror Suspects Author Diane Webber
ISBN-10 9781317385486
Release 2016-01-08
Pages 326
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Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.



On Liberty

On Liberty Author Shami Chakrabarti
ISBN-10 9781846148101
Release 2014-10-02
Pages 224
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On 11 September 2001, our world changed. The West's response to 9/11 has morphed into a period of exception. Governments have decided that the rule of law and human rights are often too costly. In On Liberty, Shami Chakrabarti - who joined Liberty, the UK's leading civil rights organization, on 10 September 2001 - explores why our fundamental rights and freedoms are indispensable. She shows, too, the unprecedented pressures those rights are under today. Drawing on her own work in high-profile campaigns, from privacy laws to anti-terror legislation, Chakrabarti shows the threats to our democratic institutions and why our rights are paramount in upholding democracy.



The Future of Human Rights in the UK

The Future of Human Rights in the UK Author Claire-Michelle Smyth
ISBN-10 9781527505148
Release 2017-11-06
Pages 328
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In November 2016 the University of Brighton hosted a one day conference entitled “The Future of Human Rights in the UK”. Legal academics and practitioners from across the UK and Ireland attended to discuss the various topical issues that arise under the title of the conference. Papers were presented on terrorism and counter-terrorism, the role of the European Court of Human Rights, surrogacy and parental rights, union rights, social and economic rights and Brexit; to name but a few. This edited collection comprises a selection of the papers presented. It is a thought-provoking collection designed to make the reader ask themselves: what does the future of human rights in the UK look like?



The New Oxford Companion to Law

The New Oxford Companion to Law Author Peter Cane
ISBN-10 STANFORD:36105134428239
Release 2008
Pages 1306
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For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.



Just Law

Just Law Author Helena Kennedy
ISBN-10 9781446475836
Release 2011-05-31
Pages 352
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Acute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?



Rights in Context

Rights in Context Author Reza Banakar
ISBN-10 140940739X
Release 2010
Pages 354
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This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by indiv



Five Ideas to Fight For

Five Ideas to Fight For Author Anthony Lester
ISBN-10 9781780747620
Release 2016-04-18
Pages 320
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Human rights, equality, freedom of expression, privacy, the rule of law. These five ideas are vitally important to the way of life we enjoy today. The battle to establish them in law was long and difficult – as recently as 1970 two-hundred-thousand British Asians were almost stripped of their British citizenship as a result of racist legislation. From assaults on the EU Human Rights Act to the revelations about the NSA and GCHQ brought to light by Edward Snowden, our civil liberties are now under threat in ways they never have been before. Leading human rights lawyer Lord Anthony Lester provides an insider account of how political and legal reforms were achieved and demonstrates why we must act now to ensure they survive the next few decades.