Human Rights and European Law: Building New Legal Orders
By: Mary Arden (author)Hardback
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Senior judges and politicians increasingly question the role of the EU and the European Court of Human Rights. Some call for a reconsideration of the influence of transnational courts in the legal life of the UK, while others argue for a repeal of the Human Rights Act in favour of a British Bill of Rights. Many perceive control of law-making as moving irreversibly away from the UK and into the hands of Europe. In contested domains like national security and individual freedoms there are concerns that the British national identity is being lost. Against this backdrop of confusion, Mary Arden's voice is one of reason. A senior judge who has been at the heart of dialogue between domestic and international judges, Mary Arden is uniquely placed to discuss the impact of developments in human rights and European law. In this major new collection of her writings, Mary Arden clarifies the issues at stake with the new European legal orders. She explains the major developments in simple terms, addresses core criticisms of the EU and the ECHR, and examines the practical effects of these institutions on domestic legislation and case law.
In describing the far-reaching impact of EU law and the Human Rights Act, Mary Arden gives an insider's view of key conflicts including national security versus freedom of the individual, and freedom of the press versus the individual's right to privacy. She also outlines how domestic courts have been able to draw upon the decisions of Strasbourg in the key battlefields of media freedom, data protection, and national security.
The Rt. Hon. Lady Justice Arden DBE was called to the Bar of England and Wales in 1971, and became a Queen's Counsel in 1986. She was appointed a Justice of the High Court of Justice of England and Wales in 1993, the first woman judge to be assigned to the High Court's Chancery Division. From 1996 to 1999 she was the Chair of the Law Commission of England and Wales. She was appointed a Lady Justice of Appeal in 2000. Lady Justice Arden is Head of International Judicial Relations for England and Wales. This makes her responsible for liaison with leading courts across the world. She is also a Member of the Permanent Court of Arbitration in The Hague and an ad hoc judge of the European Court of Human Rights in Strasbourg.
Preface ; Introduction: Why this Collection? ; SECTION A - MASTERING A NEW SYSTEM ; Preface ; PART I: IMPLEMENTING HUMAN RIGHTS ; 1. Common Law in the Age of Human Rights ; 2. Building a Better Society ; 3. On Liberty ; PART II: UNDERSTANDING PROPORTIONALITY AND SUBSIDIARITY ; 4. Proportionality: The Way Ahead ; 5. Subsidiarity and Decentralization ; 6. Press, Privacy, and Proportionality: The Impact of Proportionality on Judicial Review ; PART III: INTERPRETING LEGISLATION - NEW APPROACHES EMERGE ; 7. The Interpretation of UK Domestic Legislation in the Light of the European Convention On Human Rights ; 8. The Changing Judicial Role: Human Rights, Community Law, and the Intention of Parliament ; 9. Statutory Interpretation and Human Rights ; SECTION B - BALANCING DIFFERENT INTERESTS ; Preface ; PART IV: BALANCING HUMAN RIGHTS AND NATIONAL SECURITY ; 10. Human Rights and National Security ; 11. Balancing Human Rights and National Security - Conclusions ; 12. Meeting the Challenge of Terrorism: The Experience of English and Other Courts ; PART V: PRIVACY: BALANCING PUBLIC AND PRIVATE INTERESTS ; 13. The Future of the Law of Privacy ; 14. Human Rights and Civil Wrongs: Tort Law under the Spotlight ; 15. Media Intrusion and Human Rights: Striking the Balance ; SECTION C - BEYOND OUR OWN HORIZONS ; Preface ; PART VI: THE VALUE OF THE INTERNATIONAL PERSPECTIVE ; 16. Freedom of Expression and the Role of the Supreme Court ; 17. Prospective Overruling ; PART VII: WORKING OUT THE RIGHT RELATIONSHIP WITH THE EUROPEAN SUPRANATIONAL COURTS ; 18. Peaceful or Problematic? The Relationship between National Supreme Courts and the Supranational Courts in Europe ; 19. Jurisdiction of the New UK Supreme Court ; 20. An English Judge in Europe ; Epilogue ; Appendix: Convention Rights Incorporated by Schedule 1 of the Human Rights Act 1998 ; Glossary
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