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PLANNING SANITY HUMAN RIGHTS FORUM

EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL PRINCIPLES IMPLICATIONS FOR PLANNING DECISION MAKING AND TOWN & VILLAGE GREEN APPLICATIONS

Planning Sanity
Briefing
Human Rights		 List of Human Rights Cases References Government & Official Publications
Department of Constitutional Affairs Human Rights WEB Site Bibliography Legislation Letter from Minister for Human Rights
to all public authorities
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REFERENCES

The Ministry of Justice - Human Rights Site Database of decisions of the European Court of Human Rights Crown Office Row (Barristers Chambers) - Human Rights Update - Series of articles
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Goverment & Official Publications

Ministry of Justice - Human Rights Briefings and Papers Making sense of human rights Human rights: human lives A Guide to the Human Rights Act
Planning Inspectorate
Human Rights Briefing		 Scottish Humam Rights Links Human Rights Act for CJS practitioners A DCA Study Guide - A Guide to the Human Rights Act 1998
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Legislation

European Convention
on Human Rights		 Human Rights Act 1998
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BIBLIOGRAPHY

  • Human Rights Law and Practice Kate Beattie, David Pannick, Monica Carss-Frisk: Butterworths Law 2009: ISBN 1405736860: £230.00
    Summary:
    As this work examines the new legislation and includes detailed background to the Human Rights Act, the provisions of the Act and each of the rights which are enshrined in the Act, you can be confident that you have the information you need to interpret a complicated area of law - with ease. "European and Commonwealth" case law is also included together with primary materials such as the Act itself and key international conventions to provide you with the most authoritative account of the Human Rights Act in one handy reference source. The main focus of this indispensable title is upon civil and political rights but discussion is also given on such areas as economic, social and cultural rights, which are in part justiciable and relevant to the interpretation of some civil and political rights.
  • The Human Rights Act 1998 Alastair N. Brown: Green: 2003: ISBN 0414015223 £45.00
    Summary
    The Human Rights Act1998 has possibly had the biggest impact on the Scottish legal system than any other Act in recent history, other than the Scotland Act 1998 itself. The Act will continue to have considerable impact on the way all legal practice in Scotland is conducted. The Human Rights Act 1998 provides a full copy of the Act with authoritative section-by-section commentary by Alastair Brown. Publishing in the Acts series, this book will be an essential guide for practitioners, both civil and criminal, providing an ideally portable companion and working tool.
  • European Human Rights Law Review v. 13 Jonathan Cooper: Sweet & Maxwell 2009: ISBN 184703683X: £398.00
  • Blackstone's Guide to the Human Rights Act 1998 John Wadham, Helen Mountfield, Anna Edmundson, Caoilfhionn Gallagher: - Oxford University Press 2007: ISBN 0199299579: £39.95
    Summary:
    The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, or soon after significant legislative change, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act or legislation itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. Human rights law in the UK continues to evolve as a result of cases from both the domestic and Strasbourg Courts. The fourth edition of this bestselling text: - Analyses the impact of Convention rights in landmark judgments from areas such as constitutional law, discrimination law and criminal law - Explains how the UK courts are exercising their interpretative obligation to read legislation compatibly with Convention rights - Examines the notion of 'judicial deference' and how it has been applied in key cases - Maps the beginnings of a divergence in approach between the UK and Strasbourg Courts to human rights protection The new edition puts these recent developments in context and provides an up-to-date, clear, and concise, explanation of how the Human Rights Act has been applied. It summarises the interpretative techniques that lawyers need to understand, highlights the latest key domestic cases, and outlines the scope of the Convention articles. This fourth edition has been rewritten and restructured, with the addition of footnotes, to ensure even greater ease of use, and contains the full text of the Human Rights Act 1998 (as amended), the European Convention on Human Rights, and the EU Charter of Fundamental Rights.
  • Cases & Materials on the European Convention on Human Rights Alastair Mowbray: Oxford University Press 2007: ISBN 0199206740: £33.99
    Summary:
    The European Convention on Human Rights can now be invoked by 800 million people across 46 member states. It is the most developed and successful system of international legal protection for fundamental human rights in existence. The first edition of this widely used work was designed to address the challenge faced by undergraduate and postgraduate students in comprehending the extensive, complex and lengthy jurisprudence emanating from Strasbourg. This updated and expanded edition, including over 210 new judgements, continues that mission. It provides a selection of the leading jurisprudence, together with commentary, enabling readers to gain a critical and contemporary understanding of the major rights and freedoms guaranteed by the ECHR and its Protocols. Separate chapters are devoted to each of the fundamental rights, providing an in-depth analysis of the rights and freedoms and their limitations. This edition also includes an expanded examination of the background to the creation of the Convention, and the constantly developing system of adjudication and remedies at the European level. The operation of the European Court of Human Rights, and the new Protocol 14 reforms are fully elaborated. Cases and Materials on the European Convention on Human Rights remains essential reading for all those wishing to gain full understanding of this vital and ever-developing area of law.
  • Human Rights Torts - Judicial Review and Human Rights Iain S. Goldrein: Tim Straker: LexisNexis UK 2001: ISBN 0406917213: £98.00
    Summary:
    "Human Rights and Judicial Review: Case Studies in Context" provides an innovative and authoritative approach to the effects of the Human Rights Act 1998 on judicial review and the issue of human rights as a whole. This is an immensely practical and accessible work. The key subjects and problem areas are explored through case studies, which include the relevant procedural advice. The coverage includes: Civil court proceedings; Criminal investigations; Criminal procedure; Magistrates; Education; Housing; Immigration and extradition; Local government; Planning and environment; and Mental health. Case studies are based on decisions already made in the courts and set out hypothetical examples of problem. The chosen issue is then worked through and alternative scenarios to the facts are discussed. Completed sample judicial review forms and other precedents (including Scottish styles) are also included wherever necessary to outline the procedural elements of the case.
  • Human Rights Approaches to Environmental Protection Alan E. Boyle, Michael R Anderson: Clarendon Press 1998: ISBN 0198267894: £30.50
    Summary:
    This collection of essays explores links between the environment and human rights, and responds to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law, and on the proposals for a human right to a satisfactory environment. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights. The conceptual dimensions are particularly rich, raising fundamental questions concerning the human/environment relationship as well as more general issues regarding the form, content and limitations of international and domestic human rights law. The first part of the book deals mainly with the protection of the environment in international human rights law and EC law, while part two concentrates on problems and experience in developing countries, some of which have already incorporated environmental rights and international constitutional law and from which a growing jurisprudence has emerged. This is where at present human rights approaches seem to be of greatest value. Each chapter is written by an author well qualified in the field. The volume will have a wide appeal to anyone interested in environmental law and human rights.
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Planning & Development and Associated Human Rights Cases

The following list is provided for your convievience, it does not follow that every case is likely to positively help your case, many judgments have a negative effect upon Human Rights issues, you must therefore use your own judgment as to whether any specific case is useful or harmful. However, it is always worthwhile knowing what you are not likely to be successful in arguing, as well as what you might genuinely put forward, as well as being able to understand why developers and local authorities are putting forward a specific view.

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The following is a letter by David Lammy the new Minister for Human Rights (October 2003) to ALL public authorities.

  • David Lammy
    Parliamentary Under Secretary of State
    Department for Constitutional Affairs
    Selborne House
    54-60 Victoria Street
    London
    SW1E 6QW
    2 October 2003

HUMAN RIGHTS - IMPROVING PUBLIC SERVICES

I am pleased to write to you in my capacity as Minister for Human Rights, at the Department for Constitutional Affairs. You may be aware of the report on Human Rights launched earlier this week by the Audit Commission, the independent local public services regulator. I enclose a copy of this for you as I would like to reiterate the report's messages that:

  • public authorities are exposing themselves unnecessarily to the risk of litigation.
  • public authorities could use human rights to help lever up standards of service delivery.

Can I urge you to consider carefully whether you have done enough to review your policies and procedures, to raise staff awareness, and above all, to mainstream human rights throughout your organisation? Section 6 of the Human Rights Act places a statutory obligation on you to act compatibly with Convention rights. This is not just for the lawyers.

We will be discussing these matters at a conference on 6 November, run by the Audit Commission jointly with my Department and the British Institute of Human Rights. If you are able, please try to come along (go to www.audit-commission.gov.uk/aboutus/events.asp).

There is also a wide range of awareness raising free publications that you can obtain through the website, or by contacting the Helpdesk on 0207 210 1437.

DAVID LAMMY

© Planning Sanity - August 2008 (can be freely used by local communities within their campaigns.
Publication by third parties is permitted providing acknowledgment of Planning Sanity is given)
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