Full Description
Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, legal developments in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Developments in the European Court of Human Rights have highlighted the increasing potential for using the ECHR to positive effect in Irish law. This second edition of ECHR and Irish Law examines the impact of the ECHR on Irish law and considers the actual and potential contribution of the ECHR Act to domestic law in a range of areas. The work begins with research on the impact of the Act and an examination of the relationship between the ECHR, Irish law and EU law. There follows an examination of the effect of the ECHR on individual areas of Irish law, combined with analysis of ECHR law on these subjects. The book has been revised to include new and expanded chapters on: • Civil Proceedings • Prisoners' Rights • Suspicious Deaths and Policing • Immigration, Refugee and Asylum Law • Criminal law. Written by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and its impact on Irish Law in practice.
Contents
•Watched Kettles Boil (Slowly): the Impact of the ECHR Act 2003
•The EU and the ECHR before European and Irish Courts
•Equality, Irish Law and the ECHR
•Article 6 and Civil Cases
•Child Law and the ECHR: Issues of Family Life, Adoption and Contact
•Land Law, Property, Housing and Environmental Law
•Freedom of Expression, Privacy and the Media
•The Convention and Irish Criminal Law: Selected Topics
•Detention: Issues of Procedure and Substance
•Article 2, The Right to Life and the Investigation of Deaths Following Police Contact
•Prisoners' Rights
•The Influence of the ECHR on Irish Asylum Law
•The Rights of the Child, Immigration and Article 8 in the Irish Courts
Appendix
•ECHR Act 2003 - European Convention on Human Rights Act 2003
