Tort Law and Human Rights

✍ Scribed by Jane Wright

• Publisher: Hart Publishing
• Year: 2017
• Tongue: English
• Leaves: 347
• Category: Library

✦ Synopsis

This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new ‘remedy’ under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards.
The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of the horizontal effect of the Act between non-state actors. New chapters include: ‘A Human Rights Based Approach to Tort Law’ and ‘Public Authority Liability and Privacy—From Misuse of Private Information to Autonomy’.
Volume 23 in the series Hart Studies in Private Law

✦ Table of Contents

PREFACE TO SECOND EDITION
CONTENTS
TABLE OF CASES
TABLE OF LEGISLATION
1
Tort Law and Human Rights
Introduction
Context-The ECHR and the Development of English Law Prior to the HRA-the Monist/Dualist Divide
The European Union
The Second Edition
Conclusion-Structure of the Second Edition
2
A Human Rights Based Approach to Tort Law
Introduction
Why Tort Law and Human Rights?
What are "Human" Rights?
Who is Bound by Human Rights Obligations?
The Right to an Effective Remedy
Tort Law Theory and Human Rights Law
Functionalism and the External Point of View
Concluding Remarks
3
The Human Rights Act
Introduction
Law-Making under Section 2 HRA
Observations by English Courts Regarding the Section 2(1) Obligation
The Section 3 Interpretative Obligation
Horizontality-The Impact of the HRA on Non-State Actors
The Section 6 Obligation and the Courts
Section 6-Remedies against Public Authorities
Indirect Effect of the HRA in Actions against Public Authorities
Concluding Remarks on Section 6 HRA
Remedies under the Act-Sections 7 and 8 HRA
Concluding Remarks
4
The European Convention on Human Rights
Part 1-General Principles of Interpretation
General Principles of Interpretation Applied by Strasbourg
Part 2-The ECHR Protected Rights
Article 2-The Right to Life
Article 3: Freedom from Torture or Inhuman or Degrading Treatment or Punishment
Article 4-Protection from Slavery and Forced Labour
Article 5: Right to Liberty and Security
Austin at the ECtHR
Austin in the Court of Protection
Article 6-Right to a Fair Trial
The Backlash against Osman-Z v United Kingdom
Article 7-Non-Retroactivity
Article 8-The Right to Respect for Private and Family Life, Home and Correspondence
Article 9-Freedom of Thought, Conscience and Religion
Article 10-Freedom of Expression
Article 11-Freedom of Assembly and Association
Article 14-Prohibition of Discrimination
Article 1, Protocol 1-Protection of Property
Article 2, Protocol 1-The Right to Education
5
Public Authority Liability Part 1-The Impact of the ECHR on the Common Law
Introduction
The Impact of Osman v UK
Privacy
Misfeasance in Public Office
False Imprisonment
Nuisance
Concluding Remarks
6
Public Authority Liability Part 2-Positive Obligations and Omissions
Introduction
Positive Obligations on Public Authorities under the ECHR
Legal and Administrative Framework
Preventive Operational Measures to Protect the Right to Life-the Operational Obligation
Article 2 in English Law
The Impact of the HRA on the Common Law
Implications of Non-Retrospectivity of the HRA and "Omissions" Doctrine-the So-What Question?
The Non-Retrospectivity Hurdle
Remedial Obligations in the ECHR
Coherence
Conclusion
7
Defamation and Freedom of Expression
Introduction
The View from Strasbourg-Article 10 Jurisprudence
The Response of English Courts to the Demands of Article 10
From "Fair Comment" to "Honest Opinion"
8
Privacy-From Misuse of Private Information to Autonomy
Introduction
Privacy Jurisprudence under the ECHR
Developments in English Law
Reasonable Expectation of Privacy Test
The Balancing Act
Injunctive Relief
Damages
Concluding Remarks on the Tort of Misuse of Private Information
Autonomy
9
Concluding Remarks
INDEX