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A damp squib? The impact of section 6 HRA on the common law: horizontal effect and beyond

Wright, J (2014) 'A damp squib? The impact of section 6 HRA on the common law: horizontal effect and beyond.' Public Law, April. 289 - 305.

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Abstract

Considers how the designation of courts as public authorities by the Human Rights Act 1998 s.6 has affected the development of the common law. Argues that accounts of the horizontal effect of the European Convention on Human Rights 1950 take insufficient account of its being an international law instrument with the state as the duty holder. Reviews interpretations of the horizontal effect created by s.6. Examines how the courts have responded to claims that s.6 requires them to create new common law causes of action. Assesses how a court may act incompatibly with a Convention right.

Item Type: Article
Additional Information: keywords: Common law; Compatibility; Courts; Human rights; Indirect effect; Public authorities
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 26 Jan 2015 15:38
Last Modified: 17 Aug 2017 17:41
URI: http://repository.essex.ac.uk/id/eprint/12363

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