header-logo header-logo

Book review: Public Law after the Human Rights Act

12 August 2010
Issue: 7430 / Categories: Blogs , Public , Human rights
printer mail-detail

Published 10 years after the Human Rights Act 1998 (HRA) came into force, Tom Hickman’s recent book is an impressive critique of the complex relationship between public law and the HRA.

BOOK REVIEW

Public Law after the Human Rights Act
Author: Tom Hickman
Publisher: Hart Publishing (May 2010)
ISBN: 978-1841139692 Price: £45.00

The complexity of that relationship is particularly evident from the book’s contrasting emphasis on the centrality of the Act to the legal system as a whole, and on the fraught relationship resulting from its position within the context of the well established principles of public law.

Key questions

Throughout the book, Hickman grapples with a number of key questions, such as the function of public law, the status and nature of the HRA, and the HRA’s relationship with common law. In doing so, he provides a well-measured assessment of different arguments, heavily drawn from relevant case-law and academia. Having analysed these differing views, he presents convincing, albeit far from universally accepted, conclusions. The author reaches a number of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll