Judicial Review, Socio-Economic Rights and the Human Rights Act (Human Rights Law in Perspective)

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. During the past decade in the UK, 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, particularly through section 3 HRA, and through the development of a jurisprudence of positive obligations in the European Court of Human Rights. Although the substantive focus of the book is on developments in English law, it has theoretical human rights, international, and comparative constitutional dimensions. Thus, issues of justifiability in English administrative law have been explored against a background of two on the one hand, a growing acceptance of the need for balance in the protection afforded to civil, political, and socio-economic rights in modern constitutional arrangements, and, on the other hand, 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. The Role Of Courts In The Protection Of Socio-economic Rights: International And Domestic Perspectives -- The Regional Protection Of Socio-economic Rights: Europe -- Courts, The Uk Constitution And The Human Rights Act 1998 -- Judicial Review: Difference, Resources And The Human Rights Act -- From Need To 'choice' In Public Services: The Boundaries Of Judicial Intervention In Prioritisation Disputes -- Articles 3 And 8 Echr: Failure To Provide And Positive Obligations In The Socio-economic Sphere -- Article 14 Echr And The Unequal Distribution Of Public Goods And Services In The United Kingdom -- Article 6 Echr: Judicial Review, Due Process And The Protection Of Socio-economic Rights. Ellie Palmer. Includes Bibliographical References And Index. One of the key purposes of this book is to show the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers, particularly through section 3 HRA, and through the development of a jurisprudence of positive obligations in the ECHR