Preface = ix
Abbreviations = x
Table of cases = xi
Table of secondary legislation = xxvii
Table of international instruments = xxxi
1 Introduction to the human rights act 1998 = 1
1.1 Introduction = 1
1.2 the basic structure of the human rights act = 2
1.3 Interpretation of legislation = 7
1.4 Acts of public authorities = 12
1.5 Section 6 and sybordinate legislation = 16
1.6 Declarations of incompatibility = 18
1.7 Retrospective effect of the human rights act 1998 = 19
2 Introduction to the convention = 21
2.1 Introduction = 21
2.2 Interpretation of the convention = 21
2.3 Common concepts = 25
2.4 Establishing a breach of a convention right: the margin of appreciation and deference = 28
2.5 Article 6: fair trial = 32
2.6 Article 8: Respect for private life and home = 42
2.7 Article 10: Freedom of expression = 50
2.8 Article 14: Freedom from discrimination in respect of protected rights = 52
2.9 Article 1 of protocol 1: protection of possessions = 55
2.10 Article 2 of protocol 1: the right to education = 60
3. Remedies and damages against local authorities = 6
3.1 Introduction = 62
3.2 The basic rule = 64
3.3 Judicial review = 65
3.4 Time limits = 69
3.5 Just satisfaction and damages = 70
4 The lacal authority administrative and constitutional framework and the human rights act 1998 = 87
4.1 Introduction = 87
4.2 politically restricted appointments = 93
4.3 The model codes of conduct = 95
4.4 Personal liability of members and councillors = 98
4.5 Decision-making = 100
4.6 Powers = 101
5 Planning and the environment = 104
5.1 Introduction = 104
5.2 The relevant rights = 106
5.3 Victims' in the planning context = 108
5.4 Article 6 = 110
5.5 Article 8 = 131
5.6 Article 1 of protocol 1 = 149
6 Compulsory purchase = 153
6.1 Introduction = 153
6.2 Procedural issues = 154
6.3 Substantive determination = 155
7 Housing and the convention = 169
7.1 Introduction = 169
7.2 Relevant provisions of the convention = 171
7.3 Housing bodies subject to the human rights act = 173
7.4 The home = 178
7.5 Housing provision = 185
7.6 Respect for the home: introduoction to general article8 implications = 188
7.7 Specific application of the general article 8 principles = 189
7.8 Deprivation of property under article 1 of protocol 1 = 203
8 Homelessness and human rights = 205
8.1 Introduction = 205
8.2 relevant human rights provisions = 206
8.3 Homelessness, priority need and intentional homelessness = 207
8.4 Permanent housing = 220
9 Possession proceedings by public authorities = 221
9.1 Introduction = 221
9.2 Application of the human rights act to termination of rights to accupy = 226
9.3 Secyruty of tenure = 231
9.4 Trespassers ab initio = 232
9.5 Self-help' remedies = 234
10 Social Services = 237
10.1 Introduction = 237
10.2 Child care and adoption = 237
10.3 Other duties of local authorities = 269
11 Education = 275
11.1 Introduction = 275
11.2 Extent of the right to education = 276
11.3 Meaning of 'education' = 278
11.4 Scope of the state's duty to provide education = 279
11.5 Respect for religious and philosophical beliefs = 281
11.6 Contents of curriculum = 283
11.7 Duty not to discriminate = 283
11.8 Admission procedures = 285
11.9 Suspension procedures = 286
11.10 Special educational needs = 287
11.11 Article 8 = 288
11.12 Conclusion = 288
12 Local authority licensing = 289
12.1 Introduction = 289
12.2 Human rights and licensing: overview = 290
12.3 Article 6(1): the right to a fair trial = 290
12.4 Article 1 of protocol 1: protection of property = 296
12.5 Other convention rights: examples and issue spotting = 298
12.6 Conclusion = 299
13 Rating and the council tax = 300
13.1 Taxation and article 1 of protocol 1 = 300
13.2 Liability to pay rates or the council tax = 303
13.3 Enforcement of payment of rates and council tax = 305
Appendix one Human rights act 1998 = 309
Appendix Two European convention on human rights = 338
Index = 367
Abbreviations = x
Table of cases = xi
Table of secondary legislation = xxvii
Table of international instruments = xxxi
1 Introduction to the human rights act 1998 = 1
1.1 Introduction = 1
1.2 the basic structure of the human rights act = 2
1.3 Interpretation of legislation = 7
1.4 Acts of public authorities = 12
1.5 Section 6 and sybordinate legislation = 16
1.6 Declarations of incompatibility = 18
1.7 Retrospective effect of the human rights act 1998 = 19
2 Introduction to the convention = 21
2.1 Introduction = 21
2.2 Interpretation of the convention = 21
2.3 Common concepts = 25
2.4 Establishing a breach of a convention right: the margin of appreciation and deference = 28
2.5 Article 6: fair trial = 32
2.6 Article 8: Respect for private life and home = 42
2.7 Article 10: Freedom of expression = 50
2.8 Article 14: Freedom from discrimination in respect of protected rights = 52
2.9 Article 1 of protocol 1: protection of possessions = 55
2.10 Article 2 of protocol 1: the right to education = 60
3. Remedies and damages against local authorities = 6
3.1 Introduction = 62
3.2 The basic rule = 64
3.3 Judicial review = 65
3.4 Time limits = 69
3.5 Just satisfaction and damages = 70
4 The lacal authority administrative and constitutional framework and the human rights act 1998 = 87
4.1 Introduction = 87
4.2 politically restricted appointments = 93
4.3 The model codes of conduct = 95
4.4 Personal liability of members and councillors = 98
4.5 Decision-making = 100
4.6 Powers = 101
5 Planning and the environment = 104
5.1 Introduction = 104
5.2 The relevant rights = 106
5.3 Victims' in the planning context = 108
5.4 Article 6 = 110
5.5 Article 8 = 131
5.6 Article 1 of protocol 1 = 149
6 Compulsory purchase = 153
6.1 Introduction = 153
6.2 Procedural issues = 154
6.3 Substantive determination = 155
7 Housing and the convention = 169
7.1 Introduction = 169
7.2 Relevant provisions of the convention = 171
7.3 Housing bodies subject to the human rights act = 173
7.4 The home = 178
7.5 Housing provision = 185
7.6 Respect for the home: introduoction to general article8 implications = 188
7.7 Specific application of the general article 8 principles = 189
7.8 Deprivation of property under article 1 of protocol 1 = 203
8 Homelessness and human rights = 205
8.1 Introduction = 205
8.2 relevant human rights provisions = 206
8.3 Homelessness, priority need and intentional homelessness = 207
8.4 Permanent housing = 220
9 Possession proceedings by public authorities = 221
9.1 Introduction = 221
9.2 Application of the human rights act to termination of rights to accupy = 226
9.3 Secyruty of tenure = 231
9.4 Trespassers ab initio = 232
9.5 Self-help' remedies = 234
10 Social Services = 237
10.1 Introduction = 237
10.2 Child care and adoption = 237
10.3 Other duties of local authorities = 269
11 Education = 275
11.1 Introduction = 275
11.2 Extent of the right to education = 276
11.3 Meaning of 'education' = 278
11.4 Scope of the state's duty to provide education = 279
11.5 Respect for religious and philosophical beliefs = 281
11.6 Contents of curriculum = 283
11.7 Duty not to discriminate = 283
11.8 Admission procedures = 285
11.9 Suspension procedures = 286
11.10 Special educational needs = 287
11.11 Article 8 = 288
11.12 Conclusion = 288
12 Local authority licensing = 289
12.1 Introduction = 289
12.2 Human rights and licensing: overview = 290
12.3 Article 6(1): the right to a fair trial = 290
12.4 Article 1 of protocol 1: protection of property = 296
12.5 Other convention rights: examples and issue spotting = 298
12.6 Conclusion = 299
13 Rating and the council tax = 300
13.1 Taxation and article 1 of protocol 1 = 300
13.2 Liability to pay rates or the council tax = 303
13.3 Enforcement of payment of rates and council tax = 305
Appendix one Human rights act 1998 = 309
Appendix Two European convention on human rights = 338
Index = 367