Ireland: The European Convention of Human Rights Act 2003
Article Abstract:
The controversy surrounding the incorporation of the European Community Human Rights (ECHR) into Irish domestic law via the European Convention of Human Rights Act 2003, making Ireland the last member state of the Council of Europe to do so, thus undermining its commitment to human rights protection, is discussed. The legal system is expected to resolve the differences between the ECHR and the Constitution by drafting the ECHR jurisprudence on to existing constitutional jurisprudence.
Publication Name: European Public Law
Subject: Regional focus/area studies
ISSN: 1354-3725
Year: 2006
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Determining 'functions of a public nature' under the Human Rights Act 1998: A new approach
Article Abstract:
The doctrinal and pragmatic bases for the UK courts' erroneous approach to the susceptibility of private bodies to the duty under section 6 of the Human Rights Act 1998 (HRA) is examined to observe the substantive provisions of the European Convention of Human Rights (ECHR) enshrined in the Act. The Joint Committee on Human Rights is of the view that a contracting out core authority would only be potentially liable under the HRA where positive obligations arise.
Publication Name: European Public Law
Subject: Regional focus/area studies
ISSN: 1354-3725
Year: 2006
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European Court of Human Rights: April 2006-March 2007
Article Abstract:
The case law from April 2006 - March 2007 of the European Court of Human Rights is discussed.
Publication Name: European Public Law
Subject: Regional focus/area studies
ISSN: 1354-3725
Year: 2007
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