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Privacy and Freedom of Expression

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Privacy and Freedom of Expression

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Paperback

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Privacy and Freedom of Expression by Richard Clayton
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Description

This book is a reprint of the Chapters on Privacy and Freedom of Expression from the authors' major practitioner text, The Law of Human Rights; its separate publication in this form is intended to make it accessible to those who might not want to buy the larger work. It provides a comprehensive and systematic treatment of human rights law and practice in the UK in relation to privacy and freedom of expression, including detailed analysis of the impact of the Human Rights Act 1998. The book is in two sections: relating to privacy and freedom of expression respectively. Each section contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European Convention case law, and full examination of the likely impact of incorporation on English law. This impact is considered in relation to the applicable general principles but also in respect of a number of specific subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners. Each section has detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. It is the only book which provides such a detailed analysis of these two important rights, and is likely to be of particular interest to media lawyers and practitioners, as well as to those practising in employment and criminal law.

Table of Contents

Preface; Updates; THE RIGHT TO RESPECT FOR PRIVACY AND THE HOME; A. THE NATURE OF THE RIGHTS; B. THE RIGHTS IN ENGLISH LAW BEFORE THE HUMAN RIGHTS ACT; (1) Introduction; (2) Intrusion into the home: entry, search and seizure; (3) The misuse of personal information; (4) Photography, surveillance and telephone tapping; (5) Privacy and the media; (6) Other privacy rights; C. THE LAW UNDER THE EUROPEAN CONVENTION; (1) The scope of the right; (2) Justification under Article 8(2); D. THE IMPACT OF THE HUMAN RIGHTS ACT; (1) Introduction; (2) United Kingdom cases prior to the Human Rights Act; (3) General impact issues; (4) Specific areas of impact; APPENDIX 1. THE CANADIAN CHARTER OF RIGHTS; (1) Introduction; (2) Section 8 principles; (3) A personal right; (4) Section 8 analysis: a two-step process; APPENDIX 2. THE NEW ZEALAND BILL OF RIGHTS ACT; (1) Introduction; (2) Interpretation of section 21; (3) Electronic surveillance; APPENDIX 3. HUMAN RIGHTS CASES IN OTHER JURISDICTIONS; (1) Introduction; (2) Human Rights Committee; (3) India; (4) Ireland; (5) South Africa; FREEDOM OF EXPRESSION; A.THE NATURE OF THE RIGHT; B. THE RIGHT IN ENGLISH LAW BEFORE THE HUMAN RIGHTS ACT; (1) Introduction; (2) Prior Restraint; (3) Protection of reputation: defamation; (4) Comment on court proceedings: contempt of court; (5) Obscenity and indecency; (6) Media regulation and censorship; (7) Freedom of expression and the criminal law; (8) Expression and government secrecy; (9) Freedom of information; C. THE LAW UNDER THE EUROPEAN CONVENTION; (1) Introduction; (2) Scope of the right; (3) Types of expression; (4) Justifying limits on expression; D. THE IMPACT OF THE HUMAN RIGHTS ACT; (1) Introduction; (2) United Kingdom cases prior to the Human Rights Act; (3) General Impact Issues; (4) The potential impact; APPENDIX 1. THE CANADIAN CHARTER OF RIGHTS; (1) Introduction; (2) Justifiable limitations; APPENDIX 2. THE NEW ZEALAND BILL OF RIGHTS ACT; (1) Introduction; (2) Justifiable Limitations; APPENDIX 3. HUMAN RIGHTS CASES IN OTHER JURISDICTIONS; (1) Introduction; (2) Antigua and Barbuda; (3) Australia; (4) Hong Kong; (5) Human Rights Committee; (6) India; (7) Ireland; (8) Namibia; (9) South Africa; (10) Sri Lanka; (11) Zimbabwe

Author Biography

Richard Clayton is a practising Barrister at Devereux Chambers, Temple, and Hugh Tomlinson is a practising Barrister at Matrix Chambers, Gray's Inn; they have both been involved in a wide range of civil liberties and human rights cases.
Release date NZ
June 28th, 2001
Country of Publication
United Kingdom
Imprint
Oxford University Press
Pages
284
Dimensions
171x245x15
ISBN-13
9780199246380
Product ID
1819094

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