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Judicial Review, Socio-Economic Rights and the Human Rights Act
By
Ellie Palmer
Description
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.
Ellie Palmer is a Senior Lecturer in
the Department of Law at the University of Essex.
Contents
1 The role of courts in the
protection or socio-economic rights : international and domestic
perspectives 11
2 The regional protection of
socio-economic rights : Europe 49
3 Courts, the UK Constitution and the
Human Rights Act 1998 105
4 Judicial review : deference,
resources and the Human Rights Act 151
5 From need to \\\'choice\\\' in public
services : the boundaries of judicial intervention in prioritisation
disputes 197
6 Articles 3 and 8 ECHR : failure to
provide and positive obligations in the socio-economic sphere 241
7 Article 14 ECHR and the unequal
distribution of public goods and services in the United Kingdom 277
8 Article 6 ECHR : judicial review,
due process and the protection of socio-economic rights 303
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