[PDF] Ireland The Uk In The European Union And European Convention On Human Rights eBook

Author : Suzanne Egan
Publisher : Bloomsbury Professional
Page : 0 pages
File Size : 15,84 MB
Release : 2014-10-31
Category : Law
ISBN : 9781780434728

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The book 2013 marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law. The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR. The impact of the ECHR in Irish law is a particularly rich subject for analysis, given the strong tradition of rights review by the Irish judiciary in interpreting the fundamental rights guarantees in the Irish Constitution. While the Irish statute is superficially similar to the Human Rights Act in the United Kingdom, the context in which it operates is radically different, given the pre-eminent role of the Irish Constitution in shaping domestic human rights law. As well as outlining the specific domestic context in which the ECHR operates in Ireland, the book also includes comparative insights from the United Kingdom context as to the impact of the Human Rights Act to date in that jurisdiction. Additional themes of the book include the development of ECHR jurisprudence and its effects in the domestic setting on asylum, immigration, criminal justice, children, mental health patients, gender recognition and the limits and potential of the ECHR as regards combating poverty.

Author : Ursula Kilkelly
Publisher : Jordan Publishing (GB)
Page : 436 pages
File Size : 36,77 MB
Release : 2004
Category : Law
ISBN :

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ECHR and Irish Law is a major new work examining the likely impact of the European Convention on Human Rights Act 2003 on Irish law. The work begins with a discussion of the way in which the ECHR has been incorporated into Irish law and compares this with other models, including the UK, and examines the possibilities as well as limitations of this particular form of incorporation. The ways in which the Act will operate in practice and the remedies available for breach are examined in detail. There follows an examination of the likely effect of the new Act upon individual areas of Irish law, examining the current compatibility of existing structures and the possibilities for raising Convention issues in these areas. Individual areas of law covered in this new book include: refugee law; child and family law; detention and custody; discrimination; criminal law; privacy and the media; and property, housing and environment. Written by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and the likely impact on Irish Law, with a detailed analysis of relevant ECHR case law.

Author : L.J. Macfarlane
Publisher : Springer
Page : 315 pages
File Size : 32,71 MB
Release : 1990-06-18
Category : Law
ISBN : 1349116025

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Researching the problems of human rights implementation in Western and Eastern Europe, this book uses Northern Ireland, the Republic of Ireland, Yugoslavia, and Hungary, as case studies. Other works by the author include "Violence and the State", and "Political Disobedience".

Author : Katja S Ziegler
Publisher : Bloomsbury Publishing
Page : 815 pages
File Size : 47,30 MB
Release : 2015-10-22
Category : Law
ISBN : 1509902007

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The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Author : Cian C. Murphy
Publisher :
Page : 0 pages
File Size : 42,10 MB
Release : 2013
Category :
ISBN :

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This paper critically examines the operation of European Union (EU) law and the European Convention on Human Rights (ECHR) in Ireland and the UK. Ireland has a colourful history in both the EU and ECHR. Since its accession in 1973, Ireland has provided the EU with both legal and constitutional challenges. Furthermore, while it only transposed the Convention into domestic law in 2003, Ireland offered the European Court of Human Rights (ECtHR) its first case, one of its few interstate cases, and the opportunity to offer its most recent thoughts on the relationship between EU law and the ECHR. The UK's relationship with the EU has been fraught with acrimony. Similarly, despite the leading role played by Britain in the Council of Europe, the eventual implementation of the ECHR in British law in 1998 has been portrayed as European interference with the UK legal system. Nonetheless, the peculiar nature of the UK legal system and its interaction with both EU and ECHR law makes for an interesting case study. This report critically compares Irish and British implementation of European law. Section 2 examines the legal effects of EU membership in the two jurisdictions. Section 3 considers Irish and UK membership of the ECHR and implementation of the Convention in the domestic law of the two states. In section 4, judicial application of European law in the two jurisdictions is critically compared. Section 5 draws the various strands together to conclude that Irish and British implementation of both forms of European law remains idiosyncratic. While European law has undoubtedly affected the two legal systems, its influence continues to be filtered through the unique constitutional arrangements of the two states.

Author : Steven Greer
Publisher : Cambridge University Press
Page : 0 pages
File Size : 43,37 MB
Release : 2019-09-19
Category : Law
ISBN : 9781107663572

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Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Author : Brice Dickson
Publisher : Oxford University Press
Page : 486 pages
File Size : 10,97 MB
Release : 2012-03-15
Category : Law
ISBN : 0199652341

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This book charts the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968 to the present day. It offers a systematic case-study of the Convention's capacity to protect human rights in a society wracked by terrorism and political conflict.

Author : Michael Kennedy
Publisher : Council of Europe
Page : 208 pages
File Size : 31,88 MB
Release : 2000-01-01
Category : Political Science
ISBN : 9789287142436

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The Council of Europe (CoE) has played a central but neglected role in the definition of Irish attitudes to European integration. Ireland was a founder member of the Council in 1949 and participation in the work of the Council changed Irish attitudes towards broader European integration by demonstrating to politicians and officials the benefits and challenges of collective European action. This book explores the differing views of politicians on European integration and examines the changing opinions of Irish academics, businessmen, civil servants and diplomats from the late 1940s to the early 1960s.

Author : Helen Keller
Publisher : Oxford University Press, USA
Page : 852 pages
File Size : 32,10 MB
Release : 2008
Category : Law
ISBN : 0199535264

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This title examines the process through which the European Convention on Human Rights, along with the case law of the European Court of Human Rights, has been interpreted and applied in the Member States, and how this has impacted upon their domestic legal orders.

Author : Ralph Beddard
Publisher : Cambridge University Press
Page : 312 pages
File Size : 10,11 MB
Release : 1993
Category : Law
ISBN : 9780521465274

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Originally published in 1973 and now completely updated and expanded, this text book provides a detailed introduction to European human rights law.