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An Introduction to Human Rights and the Common Law (Hardcover)
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An Introduction to Human Rights and the Common Law (Hardcover)
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The impact of the European Convention on Human Rights on public and
criminal law has been well documented. The common law will be
equally revolutionised by the Convention,yet its future is
uncharted. This collection of papers, the product of two seminars
held jointly with 1 Crown Office Row and the human rights group
Justice, offers some navigational aids to those confronted with
these deep waters. It contains analyses of current law and
predictions for the future from practitioners and experts in a
range of common law fields, including clinical negligence, medical
law, environmental law, mental health and defamation. In addition
to these specific areas, these chapters also explore the
relationship between the ECHR principles of proportionality and
margin of appreciation and the traditional way of resolving common
law disputes. The book also includes a detailed - and controversial
- scrutiny of the compatibility of the legal aid and costs
proposals with the procedural right to a fair trial guaranteed by
the Convention. CONTENTS 1 INTRODUCTION William Edis 2 THE
CONVENTION AND THE HUMAN RIGHTS ACT: A NEW WAY OF THINKING Philip
Havers QC and Neil Garnham 3 COSTS, CONDITIONAL FEES AND LEGAL AID
Guy Mansfield QC 4 HORIZONTALITY: THE APPLICATION OF HUMAN RIGHTS
STANDARDS IN PRIVATE DISPUTES Jonathan Cooper 5 REMEDIES Rosalind
English 6 GENERAL COMMON LAW CLAIMS AND THE HUMAN RIGHTS ACT
Richard Booth 7 BRINGING AND DEFENDING A CONVENTION CLAIM IN
DOMESTIC LAW: A PRACTICAL EXERCISE Philippa Whipple 8 THE IMPACT OF
THE CONVENTION ON MEDICAL LAW Philip Havers QC and Neil Sheldon 9
CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATION Robert Owen QC,
Sarah Lambert and Caroline Neenan 10 ENVIRONMENTAL RIGHTS David
Hart 11 CONFIDENTIALITY AND DEFAMATION Rosalind English 12 MENTAL
HEALTH Jeremy Hyam 13 BIBLIOGRAPHY AND GUIDE TO Sources Owain
Thomas
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