Tort Law and Human Rights: The Impact of the ECHR on English LawHart Publishing, 2001 M10 9 - 206 pages Common law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First,to ascertain whether those principles comply with Convention standards as laid down in the ECHR and interpreted by the Strasbourg organs. Secondly, to determine the extent to which tort principles may be shaped to achieve this goal. In this book, the author pursues this objective by analysing the effect of the Act, including the issue of horizontality, and then evaluating and juxtaposing principles of tort law and ECHR jurisprudence in order to consider whether the approach of the English courts measures up to the European standard. Generally the ECHR does not prescribe how states should meet their treaty obligations and the book therefore considers, where appropriate, the possibility of remedies other than tort principles as a means of meeting the UK's obligations. Thus, the book examines whether the principles of tort law, considered in the light of other remedies, are likely to be the mechanisms for the implementation of human rights standards. |
Contents
1 Introduction | 1 |
2 The Human Rights Act 1998 | 15 |
Its Application and Interpretation | 47 |
4 The Duty of Care and Compatibility with Article 6 of the Convention | 83 |
Should English Law Recognise a Duty to RescueWarn? | 115 |
6 Defamation and Freedom of Expression | 147 |
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Common terms and phrases
27 EHRR act compatibly alleged applicant arguable argued argument Article 13 Article 8 right Ashingdane award breach of confidence cause of action Chapter civil claim claimant Commission common law compatible complaint considered Convention jurisprudence Convention rights Court of Appeal Court of Human criminal damages decision defendant degrading treatment discussion duty duty of care English courts English law English tort law European Convention example exclusionary rule fact Factortame failure freedom of expression House of Lords Human Rights Act Ibid immunity issue Kilic liability Lord Browne-Wilkinson Lord Hoffmann Lord Woolf margin of appreciation Osman person plaintiff police positive obligations principles proceedings protection public authority public body reasonable recognised regard relation relevant respect for private restriction right of access right to respect Rights Act 1998 section 6(1 Strasbourg Court Strasbourg jurisprudence supra n.2 text accompanying tion tort law United Kingdom Series violation of Article