Donald Jackson investigates the United Kingdom's surprisingly
dismal record of violations of the European Convention on Human
Rights. During the first 30 years of the European Convention on
Human Rights (1959-89), the UK was found in violation of the
Convention more frequently than any other country, and its
violations have continued apace in the 1990s. Jackson traces the
source of the problem through the UK's lack of judicially
enforceable rights law to the application of executive/bureaucratic
discretion under UK law. In order to examine ""discretion"" in this
context, Jackson focuses on various ways in which UK authorities
have dealt with four specific issues: the problem of terrorism and
of due process issues involved in the UK's efforts to counter it;
the rights of inmates in UK prisons; problems of nationality and
immigration; and freedom of expression, particularly that of the
press relative to the conduct of trials and to national security
issues. His study illuminates the interworkings of British
democracy, political culture and ""officialdom"". Jackson
demonstrates the status and perception of the Convention in UK
courts by concluding with an analysis of the references in UK
judicial decisions to the European Convention on Human Rights.
Having suggested the reasons why the UK legal and political
establishments so often fail to recognize and enforce rights,
Jackson goes on to review various proposals for the development of
an effective rights document and enforcement mechanism in the UK.
General
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