Description
The Human Rights Act 1998 is a piece of legislation that incorporates the European Convention on Human Rights into English law. This will have a profound effect on the law, and in particular, judicial review. The judicial review courts will now have substantive principles to bring to bear when considering the legality of government action. This book provides practical guidance on the complex interplay between the new Act and judicial review. The procedural complexities created by the Act are explored, as are the effects upon existing doctrines of judicial review, such as natural justice and the Wednesbury test.
The Human Rights Act 1998 provides for a form of incorporation of the European Convention on Human Rights into English law for the first time. It will have a profound effect on the law, and in no area more so than in judicial review. For the first time, the judicial review courts will have substantive principles to bring to bear when considering the legality of government action. This book gives practical guidance on the complex interplay between the new Act and judicial review. The procedural complexities created by the Act are explored, as are the effects upon existing doctrines of judicial review, such as natural justice and the Wednesbury test.