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Judicial review, socio-economic rights and the Human Rights Act - Ellie Palmer

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Judicial review, socio-economic rights and the Human Rights Act
Ellie Palmer
Hart Publishing
UK Publication Date

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.

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Ellie Palmer is a Senior Lecturer in the Department of Law at the University of Essex.

...this well-written and very informative book is a valuable addition to the rapidly growing body of literature on economic and social rights adjudication under the Human Rights Act 1998 (HRA) and, more generally, the European Convention on Human Rights (ECHR)...the author deals excellently with a wide range of case law and issues and the book is essential reading for those working on the protection of socio-economic rights in the UK and other jurisdictions where such rights have been afforded protection through the judicial application of civil and political rights. More generally, those with an interest in the operation of the HRA and the key debates surrounding that instrument will also gain much from this work.Aoife NolanEuropean Human Rights Law ReviewIssue 1, 2009...this book is much more than a factual exposition of the recent case law. The interest in this book lies in the breadth of the context in which her analysis is interesting and educational read which will undoubtedly deepen the reader's understanding of the complexities and trends in this fascinating and continually developing area of law.Samantha BroadfootJudicial ReviewVol 13:2, 2008.a well written, accessible and fascinating insight into the development of socio-economic rights and a welcome contribution to an important debate.Les AllambyFrontlineSpring 2008...a valuable and timely contribution to this growing of the strengths of Palmer's book is that her analysis is contextualised within a discussion of broader political and economic issues...a clear, lucid and detailed discussion that will be of use to all those interested in this growing and dynamic field.Murray WessonPublic Law2009The strengths of this work include its breadth of coverage, extensive footnoting to a wide range of materials from numerous jurisdictions and the author's clear exposition.Alastair MowbrayEuropean Public LawVolume 14, Issue 4, 2008...a detailed account of how some social rights are enforced...Although Palmer's study is one of social rights protection under the Human Rights Act, it begins with valuable accounts of the debate about how best to protect social rights, dealing with a number of familiar arguments...The evidence provided by Palmer creates a real and serious challenge for those of us whose project is to advance the cause of social rights...Keith D. EwingInternational Journal of Constitutional Law2009 7(1)

Keyword Index
Judicial review - England.
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