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Property and The Human Rights Act 1998 (Hardcover)
Loot Price: R3,160
Discovery Miles 31 600
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Property and The Human Rights Act 1998 (Hardcover)
Series: Human Rights Law in Perspective
Expected to ship within 12 - 17 working days
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By giving further effect to the European Convention on Human
Rights,the Human Rights Act 1998 has had a significant effect on
property law. Article 1 of the First Protocol to the Convention is
particularly important, as it protects against the interference
with the enjoyment of possessions. Compulsory acquisition,
insolvency, planning, taxation, environmental regulation, and
landlord and tenant laws are just some of the fields where the
British and European courts have already had to assess the impact
of the Protocol on private property. The Human Rights Act 1998 also
restricts the scope of property rights, as some Convention rights
conflict with rights of private property. For example, the Article
8 right to respect for the home has been used to protect against
environmental harm, in some cases at the expense of property and
economic rights. This book seeks to provide a structured approach
to the extensive case law of the European Court of Human Rights and
the UK courts on these issues, and to provide guidance on the
direction the law is likely to take in future. Chapters cover the
history and drafting of the relevant Convention rights, the scope
and structure of the rights (especially Article 1 of the First
Protocol), and how, through the Human Rights Act 1998, the
Convention rights have already affected and are likely to affect
developments in selected areas of English law.
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