Wright, J (2014) A damp squib? The impact of section 6 HRA on the common law: horizontal effect and beyond. Public Law, April. pp. 289-305.
Wright, J (2014) A damp squib? The impact of section 6 HRA on the common law: horizontal effect and beyond. Public Law, April. pp. 289-305.
Wright, J (2014) A damp squib? The impact of section 6 HRA on the common law: horizontal effect and beyond. Public Law, April. pp. 289-305.
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 |
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Additional Information: | keywords: Common law; Compatibility; Courts; Human rights; Indirect effect; Public authorities |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Humanities Faculty of Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 26 Jan 2015 15:38 |
Last Modified: | 15 Jan 2022 01:02 |
URI: | http://repository.essex.ac.uk/id/eprint/12363 |