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18 - Conclusions

Published online by Cambridge University Press:  05 November 2011

David Hoffman
Affiliation:
18 St John St Chambers, Manchester
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Summary

The HRA has clearly had an impact on private law, both directly and indirectly. Directly, in that there are now areas of the law that have been changed as a result of its enactment, both through statutory interpretation and through modification of the common law. Indirectly, in cases where the values underlying the Convention have had an impact, or at least had an effect on the way in which cases have been argued and determined, but which has fallen short of specific changes in the law.

Further, as most public authorities (whether defined generally or under the HRA) are sooner or later parties to litigation in respect of their own rights and obligations, this has led to consideration of the interaction between the Convention rights and the common law in a variety of areas. In addition, the courts themselves have had to take the Convention rights into consideration when exercising their own powers as to procedure and remedies.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Warbrick, C. 1998
Moreham, N. 2008

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  • Conclusions
  • Edited by David Hoffman
  • Book: The Impact of the UK Human Rights Act on Private Law
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920844.021
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  • Conclusions
  • Edited by David Hoffman
  • Book: The Impact of the UK Human Rights Act on Private Law
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920844.021
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Edited by David Hoffman
  • Book: The Impact of the UK Human Rights Act on Private Law
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920844.021
Available formats
×