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Human Rights Law Directions

Human Rights Law Directions

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The European Court of Human Rights in Strasbourg has a significant impact on UK law, and the fifth edition of Human Rights Law Directions is an ideal guide for students to understand this area of law. It provides a complete understanding of the topic, understands the law in context, identifies when and how to evaluate the law critically, deepens and tests knowledge, and elevates learning with digital formats and resources.

\n Format: Paperback / softback
\n Length: 584 pages
\n Publication date: 18 May 2021
\n Publisher: Oxford University Press
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The decisions of the European Court of Human Rights (ECHR) in Strasbourg have a significant impact on UK law due to the principle of direct effect, which ensures that ECHR judgments are binding on member states, including the UK. This means that the UK is legally obliged to comply with ECHR rulings and implement them in its domestic law.

One of the key ways in which the ECHR has influenced UK law is through its interpretation of the European Convention on Human Rights (ECHR). The ECHR is a treaty that sets out the fundamental rights and freedoms that individuals are entitled to within the European Union (EU) and its member states. The ECHR has been interpreted by the ECHR to include a wide range of rights, including the right to life, the right to freedom of expression, the right to a fair trial, and the right to privacy.

The ECHR has also played a role in shaping UK law in areas such as criminal justice, immigration, and asylum. For example, in the case of R v Dudley and Stephens (1998), the ECHR ruled that the UK's death penalty was in violation of the ECHR's prohibition on the use of the death penalty in cases where there was a risk of miscarriage of justice. This ruling led to the abolition of the death penalty in the UK in 1998.

In addition to its impact on UK law, the ECHR has also had a significant impact on the development of human rights law more broadly. The ECHR has set a precedent for the protection of human rights and has helped to promote the idea that human rights are universal and should be protected regardless of national borders.

However, there are also critics of the ECHR and its impact on UK law. Some argue that the ECHR has led to a dilution of British sovereignty and that it has undermined the ability of the UK Parliament to make laws that are in the best interests of the UK. Others argue that the ECHR has created a culture of litigation and has led to an increase in the number of cases that are brought before the court, which can be costly and time-consuming.

In conclusion, the decisions of the ECHR in Strasbourg have a significant impact on UK law due to the principle of direct effect and the ECHR's interpretation of the European Convention on Human Rights. While the ECHR has played a crucial role in promoting human rights and protecting individuals' rights, there are also concerns about its impact on UK sovereignty and the cost and time-consuming nature of cases brought before the court.

\n Weight: 1124g\n
Dimension: 191 x 249 x 27 (mm)\n
ISBN-13: 9780198871347\n
Edition number: 5 Revised edition\n

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