Public authorities as "victims" under the Human Rights Act.

Davis, H., 2005. Public authorities as "victims" under the Human Rights Act. Cambridge Law Journal, 64 (2), pp. 315-328.

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DOI: 10.1017/S0008197305006872

Abstract

ONE feature of the current debate concerning the term “public authority” in the Human Rights Act 1998 is a rule to the effect that public authorities are not themselves capable of having and enforcing Convention rights. In what follows this will be referred to as the “rights-restriction rule”. The position was confirmed by the House of Lords in Aston Cantlow and has been given effect by the courts in relation to English local authorities and to NHS Trusts in Scotland. Despite this, doubts have been expressed. In particular the parliamentary Joint Committee has suggested, though without argument, that the denial of Convention rights to public authorities may be wrong in principle and that there are “circumstances in which public authorities have Convention rights”.

Item Type:Article
ISSN:0008-1973
Subjects:Social Sciences > Law
Group:Business School
ID Code:1428
Deposited By:INVALID USER
Deposited On:11 Dec 2007
Last Modified:07 Mar 2013 14:37

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