In the United Kingdom during the past decade, individuals and
groups have increasingly tested the extent to which principles of
English administrative law can be used to gain entitlements to
health and welfare services and priority for the needs of
vulnerable and disadvantaged groups. One of the primary purposes of
this book is to demonstrate the extent to which established
boundaries of judicial intervention in socio-economic disputes have
been altered by the extension of judicial powers in sections 3 and
6 of the Human Rights Act 1998, and through the development of a
jurisprudence of positive obligations in the European Convention on
Human Rights 1950. Thus, the substantive focus of the book is on
developments in the constitutional law of the United Kingdom.
However, the book also addresses key issues of theoretical human
rights, international and comparative constitutional law. Issues of
justiciability in English administrative law have therefore been
explored against a background of two factors: a growing acceptance
of the need for balance in the protection in modern constitutional
arrangements afforded to civil and political rights on the one hand
and socio-economic rights on the other hand; and controversy as to
whether courts could make a more effective contribution to the
protection of socio-economic rights with the assistance of
appropriately tailored constitutional provisions.
|Country of origin:
||Human Rights Law in Perspective
Hugh C. Hansen
||Electronic book text - Windows
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