Understanding Human Rights Principles

Jeffrey Jowell QC is Professor of Public Law and Dean of the Faculty of Laws at University College London and a practising Barrister at Blackstone Chambers. Jonathan Cooper is a Barrister at Doughty Street Chambers.

The concept of a lawful interference with fundamental rights, Helen Mountfield: overview; the contention meaning of "prescribed by law"; areas of potential change in English law. Identifying the principles of proportionality, Michael Fordham and Thomas de la Mare: introduction; proportionality - suggested principles; "Wednesbury" review; Luxembourg review; Strasbourg review; constitutional review; intensive domestic review; Human Rights Act review; proportionality under the 1998 Act - suggested rules. determining civil rights and obligations, Javan Herberg, Andrew Le Sueur and Jane Mulcahy: the gateway to Article 6.1 protection; the context of incorporation; "contestation"; "arguable" rights; determination; civil rights as "private rights"?; "recognised" by domestic law. Positive obligations under the convention, Keir Starmer: introduction; the theoretical basis for positive obligations; the scope of positive obligations under the convention; the duty to put in place a legal framework which provides effective protection for convention rights; the duty to prevent breaches of convention rights; the duty to provide information and advice relevant to a breach of convention rights; the duty to respond to breaches of convention rights; the duty to provide resources to individuals whose convention rights are at stake; the relationship between positive and negative obligations; conclusion. The "horizontal effect" of the Human Rights Act - moving beyond the public-private distinction, Murray Hunt: introduction; the range of opinions; commonwealth comparisons; the inappropriateness of the geometric metaphor; how should the common law be rendered compatible?. The place of the Human Rights Act in a democratic society, Rabinder Singh: the political and philosophical background to the relationship between fundamental human rights and democracy; the principles in the case-law of the European Court of Human Rights on the relationship between democracy and human rights; the Human Rights Act - a democratic bill of rights.