Privacy and Freedom of Expression,9780199246380

Privacy and Freedom of Expression

by ;
ISBN13: 9780199246380
ISBN10: 0199246386
Format: Paperback
Pub. Date: 2001-11-29
Publisher(s): Oxford University Press
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Summary

This book provides a comprehensive and systematic treatment of human rights law and practice in the UK in relation to privacy and freedom of expression, including detailed analysis of the impact of the Human Rights Act 1998.

Author Biography


Richard Clayton is a practising Barrister at Devereux Chambers, Temple, and Hugh Tomlinson is a practising Barrister at Matrix Chambers, Gray's Inn; they have both been involved in a wide range of civil liberties and human rights cases.

Table of Contents

The Right to Respect for Privacy and the Home
The Nature of the Rights
1(5)
The Rights in English Law Before the Human Rights Act
Introduction
6(4)
Intrusion into the home: entry, search and seizure
10(16)
The misuse of personal information
26(23)
Photography, surveillance and telephone tapping
49(22)
Privacy and the media
71(7)
Other privacy rights
78(3)
The Law Under the European Convention
The scope of the right
81(37)
Justification under Article 8(2)
118(30)
The Impact of the Human Rights Act
Introduction
148(4)
United Kingdom cases prior to the Human Rights Act
152(13)
General impact issues
165(10)
Specific areas of impact
175(45)
Appendix 1. The Canadian Charter of Rights
Introduction
220(7)
Section 8 principles
227(1)
A personal right
228(4)
Section 8 analysis: a two-step process
232(12)
Appendix 2. The New Zealand Bill of Rights Act
Introduction
244(1)
Interpretation of section 21
245(10)
Electronic surveillance
255(3)
Appendix 3. Human Rights Cases on Other Jurisdictions
Introduction
258(2)
Human Rights Committee
260(3)
India
263(2)
Ireland
265(1)
South Africa
266
Freedom of Expression
The Nature of the Right
1(5)
The Right in English Law Before the Human Rights Act
Introduction
6(7)
Prior Restraint
13(11)
Protection of reputation: defamation
24(17)
Comment on court proceedings: contempt of court
41(38)
Obscenity and indecency
79(13)
Media regulation and censorship
92(19)
Freedom of expression and the criminal law
111(16)
Expression and government secrecy
127(6)
Freedom of information
133(4)
The Law Under the European Convention
Introduction
137(3)
Scope of the right
140(22)
Types of expression
162(15)
Justifying limits on expression
177(39)
The Impact of the Human Rights Act
Introduction
216(2)
United Kingdom cases prior to the Human Rights Act
218(19)
General impact issues
237(17)
The potential impact
254(34)
Appendix 1. The Canadian Charter of Rights
Introduction
288(3)
Justifiable limitations
291(31)
Appendix 2. The New Zealand Bill of Rights Act
Introduction
322(5)
Justifiable limitations
327(16)
Appendix 3. Human Rights Cases in Other Jurisdictions
Introduction
343(5)
Antigua and Barbuda
348(3)
Australia
351(5)
Hong Kong
356(5)
Human Rights Committee
361(1)
India
362(4)
Ireland
366(5)
Namibia
371(1)
South Africa
372(5)
Sri Lanka
377(5)
Zimbabwe
382
Index 253(16)
Contents of The Law of Human Rights 269

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