Books on the topic 'Article 15 of the European Convention human rights'

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1

Hayes, Maurice. Anti-discrimination under the European Convention; Article 14 - European Convention on Human Rights. [Belfast]: the author, 1990.

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2

Criminal fair trial rights: Article 6 of the European Convention on Human Rights. Oxford: Hart Publishing, 2014.

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3

Aronovitz, Alberto. Article 26 of the European Convention of Human Rights: A customary international law approach towards modern developments in the European Human Rights System. Genève: Institut universitaire de hautes études internationales, 1995.

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4

European Court of Human Rights., ed. Case-law on Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Strasbourg: Council of Europe, 1986.

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5

Burgess, E. V. Article 8 and privacy: The effect of Article 8 of the European Convention on Human Rights upon the English law of privacy. [England?: s.n., 2007.

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6

author, Pridal Ondrej, ed. The right to a fair trial: Article 6 of the European Convention on Human Rights. Alphen aan den Rijn, The Netherlands: Wolters Kluwer Law & Business : Kluwer Law International, 2014.

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7

Sigron, Maya. Legitimate expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights. Cambridge, United Kingdom: Intersentia, 2014.

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8

Immunities and the right of access to court under Article 6 of the European Convention on Human Rights. Leiden: Martinus Nijhoff Publihsers, 2010.

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9

Stavros, Stephanos. The guarantees for accused persons under Article 6 of the European Convention on Human Rights: An analysis of the application of the Convention and a comparison with other instruments. Dordrecht: Martinus Nijhoff, 1992.

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10

Stavros, Stephanos. The guarantees for accused persons under Article 6 of the European Convention on Human Rights: An analysis of the application of the Convention and a comparison with other instruments. Dordrecht: M. Nijhoff, 1993.

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11

Thorgeirsdóttir, Herdís. Journalism worthy of the name: Freedom within the press and the affirmative side of Article 10 of the European Convention on Human Rights. Leiden, The Netherlands: Martinus Nijhoff Publishers, 2005.

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12

1978-, Aimilianidēs Achilleus K., and European Consortium for Church-State Research, eds. Religious freedom in the European Union: The application of the European Convention on Human rights in the European Union : proceedings of the 19th meeting of the European Consortium for Church and State Research, Nicosia (Cyprus), 15-18 November 2007. Leuven: Peeters, 2011.

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13

Schutte, Camilo Basilio. The European fundamental right of property: Article 1 of Protocol no. 1 to the European Convention on Human Rights : its origins, its working, and its impact on national legal orders. Deventer: Kluwer, 2004.

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14

Wąsek-Wiaderek, Małgorzata. The principle of "equality of arms" in criminal procedure under article 6 of the European Convention on Human Rights and its functions in criminal justice of selected European countries: A comparative view. Leuven, Belgium: Leuven University Press, 2000.

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15

Ekşi, Nuray. İnsan Hakları Avrupa Mahkemesi'nin M.B. ve diğerleri v. Türkiye, D.B. v. Türkiye, Dbouba v. Türkiye, Alipour ve Hosseinzadgan v. Türkiye davalarında 15 Haziran 2010 ve 13 Temmuz 2010 tarihlerinde verdiği kararların Türkçe tercümeleri ve İngilizce metinleri. Şişli, İstanbul: XII Lehva, 2010.

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16

Grosse Ruse-Khan, Henning. The Protection of Intellectual Property in International Human Rights Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0008.

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This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.
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17

Zornitza, Capel, and Council of Europe. Directorate of Human Rights., eds. Case-law concerning Article 10 of the European Convention on Human Rights: 50th anniversary of the European Convention on Human rights, 1950-2000. Strasbourg: Directorate of Human Rights, 2000.

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18

Article 6 of the European Convention of Human Rights: The Right to a Fair Trial (Human Rights). Council of Europe Publishing, 1994.

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19

Renucci, Jean-francois. Article 9 on the European Convention on Human Rights: Freedom of Thought, Conscience and Religion (Human Rights Files). Council of Europe, 2005.

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20

Karakaş, Işıl, and Hasan Bakırcı. Extraterritorial Application of the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0007.

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This chapter analyses the evolution of the Strasbourg case law on the concept of jurisdiction within the meaning of Article 1 of the European Convention on Human Rights by attempting to provide a comprehensive answer to the question of extraterritorial jurisdiction. It ascertains whether there exists any truth in the criticism directed towards the European Court of Human Rights’ case law and, most importantly, any room for its further development. The chapter will first examine the early jurisprudence of the Convention bodies and explain how they dealt with the difficult question of extraterritorial jurisdiction. It will then discuss the two tests developed by the Court when determining extraterritorial jurisdiction in various case scenarios. Finally, the concluding section of the chapter will summarize these discussions and pose a question for future development of the Court’s case law.
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21

Murdoch, J. L. Article 5 of the European Convention on Human Rights: The Protection of Liberty and Security of Person (Human Rights Files). Council of Europe Publishing, 1994.

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22

Europe, Council of. Freedom of Expression in Europe: Case-law Concerning Article 10 of the European Convention on Human Rights (Human Rights File). Council of Europe, 2007.

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23

Dignity, Degrading Treatment and Torture in Human Rights Law: The Ends of Article 3 of the European Convention on Human Rights. Taylor & Francis Group, 2018.

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24

Crawford, James, and Amelia Keene. The Structure of State Responsibility under the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0010.

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While some commentators claim that the rules of State responsibility are irrelevant in applying the European Convention on Human Rights, the rules of State responsibility operate on the completely contrary assumption that they fully apply in the human rights context. The jurisprudence of the European Court of Human Rights sits somewhere between these two positions. In some cases, the State responsibility rules have not been applied, such as when the Court developed a novel ‘acquiescence or connivance’ rule to hold a third State responsible for the acts of another State on its territory (El-Masri) despite Article 16 of the Articles on State Responsibility (ARSIWA); or refused to apply Article 7 of the Articles on the Responsibility International Organisations (ARIO) (Behrami). Nevertheless, more recent cases show that the Court is more fully applying the rules on State responsibility, pulling back from some of its earlier departures (Kotov; Al Nashiri).
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25

Council of Europe. Directorate General of Human Rights. Freedom of expression in Europe: Case law concerning Article 10 of the European Convention on Human Rights. Council of Europe, 2002.

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26

Harris, David, Michael O'Boyle, Ed Bates, and Carla Buckley. Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198785163.001.0001.

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This fourth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention article that constitutes the substantive guarantee, and examines the system of supervision. The Convention has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts.
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27

Seibert-Fohr, Anja. The Effect of Subsequent Practice on the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0004.

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Under which conditions and to what extent can subsequent State practice legitimately influence the interpretation or even modify international treaties? This issue of general international law has been on the European Court of Human Rights’ agenda for quite some time and is ongoing as evidenced in Hassan v The United Kingdom. While State practice has traditionally played a role in the interpretation of the European Convention on Human Rights in its dynamic interpretation, the Court’s methodology to determine under what circumstance and to what extent State practice is able to affect the scope and meaning of the Convention remains uncertain. This chapter develops a general theoretical framework, which rationalizes the normative value of subsequent practice in the context of human rights treaty interpretation and sets out its relevant standards. Drawing from the International Law Commission’s work on ‘Subsequent agreements and subsequent practice in relation to interpretation of treaties’, the author argues that the Vienna rules provide a useful point of departure without the need for additional means of interpretation. This matrix allows sufficient flexibility to accommodate the specific nature of human rights law. The author proposes a normative scale, which can guide the Court in enhancing its methodological consistency. Pursuant to this scale, exigencies for the density of subsequent practice and the degree of acceptance pursuant to Article 38(1)(b) VCLT vary depending on the nature of the rule and the claimed normative value of State practice. Once State practice meets the required standard, it can sustain the legitimacy of treaty interpretation and serve as a catalyst for the advancement of human rights.
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28

Council of Europe. Directorate of Human Rights., ed. Case-law concerning Article 10 of the European Convention on Human Rights: Forty years of case-law, 1959-1999. Strasbourg: Directorate of Human Rights, Council of Europe, 1999.

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29

Europe, Council of, ed. Case-law concerning Article 10 of the European Convention on human rights: Forty years of case-law 1959-1999. Strasbourg: Directorate of Human Rights, 1999.

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30

Voorhoof, Dirk. Critical Perspectives on the Scope and Interpretation of Article 10 of the European Convention on Human Rights (Mass Media Files: 10). Council of Europe Publishing, 1995.

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31

Stavros, Stephanos. The Guarantees for Accused Persons under Article Six of the European Convention on Human Rights:An Analysis of the Application of the Convention and a ... (International Studies in Human Rights). Springer, 1993.

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32

Secretariat, Council of Europe, ed. Implementation of the European Convention On Human Rights in respect of young persons and children placed in care or in institutions following a decision of the administrative or judicial authorities: Replies of governments to the Secretary General's enquiry under Article 57 of the European Convention on Human Rights. Strasbourg: Council of Europe, 1986.

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33

Europe, Council of, ed. Implementation of the European Convention on Human rights in respect of young persons and children placed in care or in institutions following a decision of the administrative or judicial authorities: Replies of governments to the Secretary General's enquiry under Article 57 of the European Convention on Human Rights. Strasbourg: Council of Europe, 1986.

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34

Europe, Council of, ed. The right of rejected asylum seekers to an effective remedy: Against decisions on expulsion in the context of Article 3 of the European Convention on human rights. Strasbourg: Council of Europe, 1999.

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35

Gerard, McMeel. Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0011.

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This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.
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36

Pavoni, Riccardo. The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0015.

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According to the European Court of Human Rights (ECtHR), the not-yet-in-force 2004 UN Convention on Jurisdictional Immunities of States and Their Property (UNCSI) codifies the customary law of State immunity. This chapter challenges that unqualified view,which signals a superficial reading of the UNCSI process, background, and norms. A primary illustration is offered by Article 11 on the employment exception to State immunity which, taken as a whole, is simply not validated by uniform State practice. Nonetheless, the ECtHR has consistently relied on that UNCSI provision. The chapter does not lose sight of the high level of protection of embassy employees and similarly situated individuals, which derives from the ECtHR UNCSI-related jurisprudence, and accepts that such a level of protection may have been the ultimate end pursued by the Court. Yet it is open to question whether that end is worth every legal means, including reliance on a convention which, in various respects, might result in an undue ossification and regression of the law of State immunity as hitherto interpreted and applied by many States.
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37

Raimondi, Guido. Introductory Note. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0027.

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This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.
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38

Ulfstein, Geir. Evolutive Interpretation in the Light of Other International Instruments. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0005.

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This chapter discusses how the European Court of Human Rights uses international instruments in its evolutive interpretation of the European Convention on Human Rights. It is argued that the Court, in its use of such instruments, goes beyond the bounds of the 1969 Vienna Convention on the Law of Treaties Article 31(3)(b) (subsequent practice) and (c) (systemic interpretation) and uses the instruments as guidance in giving effect to the original intention of the parties based on Article 31(1) (evolutive intention). However, this is not made clear in the Court’s reasoning. Moreover, the Court prefers extensive discretion in how it should use such instruments in its evolutive interpretation. This makes the Court vulnerable to allegations of extrajudicial approaches and activism. Therefore, certain guidelines for the interpretational use of international instruments are proposed.
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39

Mark, Herbert. III Trust Arbitration as a Matter of National Law, 10 Trust Arbitration in England and Wales: The Trust Law Committee. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0010.

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This chapter examines the strategy being adopted in England and Wales to enable the arbitration of trust disputes to be introduced, and the steps that have already been taken in that direction. One particular obstacle to progress in Britain is Article 6.1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which requires that everyone’s civil rights and obligations be determined by way of a public hearing, whereas arbitrations are traditionally confidential and heard in private. The chapter asks whether legislation is truly necessary in order to achieve trust arbitration, and this leads to a longer exploration of Article 6.1 and its importance in the context of trust arbitration. It concludes with a final rhetorical question: is the required legislation achievable in a manner compatible with Article 6.1?
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40

Hannibal, Martin, and Lisa Mountford. 10. The Law and Practice Relating to Court Bail. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0010.

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This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).
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41

Hannibal, Martin, and Lisa Mountford. 10. The Law and Practice Relating to Court Bail. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0010.

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This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).
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42

Hannibal, Martin, and Lisa Mountford. 10. The Law and Practice Relating to Court Bail. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0010.

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This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).
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43

Visconsi, Elliott. Pluralism, Religion, and Democratic Culture. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190456368.003.0017.

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This article locates Nadeem Aslam’s 2004 novel Maps for Lost Lovers within a European politico-legal argument about religious free expression under Article 9 of the European Convention on Human Rights, demonstrating the novel’s engagement with the norms and lived experience of democratic pluralism under pressure. Maps for Lost Lovers is an intervention into the public argument about pluralism and assimilation in the United Kingdom, a narrative that illuminates the prescriptive regimes and structuring epiphenomena of law in post-9/11 Britain. Maps is an agenda-setting narrativization of a legal regime, and specifically a richly textured and individuated account the failures of democratic pluralism and social relations within an incompletely secularized polity. Like Aslam’s other fiction, Maps for Lost Lovers seeks to cultivate those habits of thought that can lead to collective engagement and political change.
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44

Witting, Christian. 22. Privacy actions in tort. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.003.0022.

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This chapter examines the privacy action in tort. It explains that the tort has its origins in the equitable wrong of breach of confidence. It discusses the gist and elements of this tort and highlights the influence of Article 8 of the European Convention on Human Rights on the case law. This chapter also discusses potential defences, which include consent to the disclosure and the differential treatment of private information in the public domain.
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45

Gaffney-Rhys, Ruth. 2. The Formation and Recognition of Adult Relationships:. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715757.003.0002.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.
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46

Hannibal, Martin, and Lisa Mountford. 3. The Powers to Stop, Search and Arrest. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0003.

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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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47

Hannibal, Martin, and Lisa Mountford. 3. The Powers to Stop, Search and Arrest. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0003.

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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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48

Hannibal, Martin, and Lisa Mountford. 3. The Powers to Stop, Search and Arrest. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0003.

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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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49

Sandberg, Russell. The Future of Religious Freedom. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795957.003.0008.

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This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.
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50

Herring, Jonathan. 6. Non-Fatal Non-Sexual Offences Against the Person. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0006.

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This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against his or her wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.
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