Judicial Review, Socio-Economic Rights and the Human Rights Act

Ellie Palmer

• Publisher: Hart Publishing
• Year: 2007
• ISBN:
  9781847313768
• Edition: 1
• Topic: Law
• Subtopic: Administrative Law
• Index: Law

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.

Table of contents

• Preface
• Contents
• Table of Cases
• Table of Legislation
• Introduction
• 1The Role of Courts in the Protection ofSocio-economic Rights: Internationaland Domestic Perspectives
• I. THE INDIVISIBILITY OF HUMAN RIGHTS
• II. THE PROTECTION OF SOCIO-ECONOMIC RIGHTSIN DOMESTIC COURTS
• III. CONCLUSION
• 2The Regional Protection ofSocio-economic Rights: Europe
• I. INTRODUCTION
• II. THE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950
• III. THE PROTECTION OF SOCIO-ECONOMIC RIGHTS IN THE ECHR
• IV. THE PROTECTION OF SOCIO-ECONOMIC RIGHTS IN EC/EU LAW
• V. CONCLUSION
• 3Courts, the UK Constitution and theHuman Rights Act 1998
• I. INTRODUCTION
• II. READING AND GIVING EFFECT TO ECHR RIGHTS IN UK COURTS
• III. CONCLUSION
• 4Judicial Review: Deference,Resources and the Human Rights Act
• I. INTRODUCTION
• II. THE CONSTITUTIONAL FOUNDATIONS OF JUDICIAL REVIEW
• III. PUBLIC LAW, DEFERENCE AND THE HUMAN RIGHTS ACT
• IV. CONCLUSION
• 5From Need to ‘Choice’ in PublicServices: The Boundaries of JudicialIntervention in Prioritisation Disputes
• I. INTRODUCTION
• II. NHS RATIONING: THE ROLE OF COURTS IN DISPUTES OVERACCESS TO MEDICAL SERVICES
• III. LOCAL AUTHORITY RESOURCE ALLOCATION DISPUTES
• IV. INTERPRETING LOCAL AUTHORITY STATUTORYDUTIES POST-HRA
• V. CONCLUSION
• 6Articles 3 and 8 ECHR: Failure toProvide and Positive Obligationsin the Socio-economic Sphere
• I. INTRODUCTION
• II. ANUFRIJEVA, ARTICLE 8 ECHR AND MALADMINISTRATIONIN THE PROVISION OF WELFARE
• III. ARTICLE 3 ECHR: RESPECT FOR DIGNITY
• IV. CONCLUSION
• 7Article 14 ECHR and The UnequalDistribution of Public Goods andServices in the United Kingdom
• I. INTRODUCTION
• II. SOCIO-ECONOMIC ENTITLEMENTS AND THE LIMITS OFSUBSTANTIVE FAIRNESS IN ARTICLE 14 ECHR
• III. CARSON’S CASE: REFUSAL OF UP-RATED PAYMENTS TOPENSIONERS ABROAD
• IV. REYNOLDS’ CASE: THE INTENSITY OF SCRUTINY INOTHER ‘STATUS DISPUTES’
• V. EQUALITY AND HUMAN RIGHTS
• VI. CONCLUSION
• 8Article 6 ECHR: Judicial Review,Due Process and the Protection ofSocio-economic Rights
• I. INTRODUCTION
• II. WHAT IS A CIVIL RIGHT FOR THE PURPOSES OF ARTICLE 6 ECHR?
• III. THE QUALITY OF ADMINISTRATIVE JUSTICE:THE SCOPE OF ARTICLE 6 ECHR
• IV. CONCLUSION
• Afterword
• Index