Blackstone’s Guide to the Human Rights ACT 1998

Blackstone’s Guide to the Human Rights Act 1998 provides clear, concise coverage of the operation and application of the Human Rights Act 1998, including the development of human rights jurisprudence in the domestic courts and in Strasbourg. It also sets out the recent erosion of the universal applicability of the remedies in the Human Rights Act by the Illegal Migration Act 2023 and other recent changes to the statutory scheme such as the amendment to the limitation period for claims involving the armed forces.

The Guide considers the case law of the European Court of Human Rights and the impact of Convention rights in landmark domestic judgments across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights and the jurisdiction to declare legislation incompatible with Convention rights. Finally, the last chapter sets out how to make an application to the Strasbourg Court and sets out in detail how that court works.

The new edition of this popular Guide considers the key developments since the publication of the previous edition 9 years ago. It sets out recent reviews of the Human Rights Act and puts the threats to the Act, especially the Bill of Rights, in the context of the recent history of human rights in the UK. It also considers significant developments in the law relating to the extra-territorial reach and applicability of the Convention under Article 1 ECHR, following Al Skeini, Georgia v Russia, Guzelyurtlu, Hanan and HF. The book contains an up to date copy of the Human Rights Act 1998, and the text of the rights in the European Convention on Human Rights which are now a central part of UK law.

The Blackstone’s Guide series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

John Wadham, Doughty Street Chambers, Helen Mountfield KC, Matrix Chambers, Raj Desai, Matrix Chambers, Sarah Hannett KC, Matrix Chambers, Jessica Jones, Matrix Chambers, Eleanor Mitchell, Matrix Chambers, Aidan Wills, Matrix Chambers

John Wadham is Director of Liberty (the Human Rights Organisation); Deputy Chair of the Independent Police Complaints Commission; General Counsel of the Equality and Human Rights Commission; Executive Director of INTERIGHTS (the Centre for the Legal Protection of Human Rights); Chair of the National Preventive Mechanism; and a panel member of the Ministerial Independent Advisory Panel on Deaths in Custody.

Helen Mountfield KC is a barrister at Matrix Chambers. Helen has been Principal of Mansfield College, Oxford since 2018.

Raj Desai is a barrister at Matrix Chambers specialising in human rights. He has been instructed in leading cases at all levels including before the Supreme Court and European Court. Raj has taught human rights law on undergraduate and postgraduate courses at Oxford University and has co-authored a number of commentaries on human rights. He previously worked for the Victorian Government Solicitor’s Office in Melbourne, Australia advising on implementation of the Victorian Charter of Human Rights and has also been called to the bar in Northern Ireland. Raj is currently a member of the Independent Advisory Panel on Deaths in Custody.

Sarah Hannett KC is a barrister at Matrix Chambers, specialising in public law and human rights.

Jessica Jones is a barrister at Matrix Chambers, where she practises in public law, human rights, crime and international law.

Eleanor Mitchell is a barrister at Matrix Chambers, specialising in public law and human rights.

Aidan Wills is a barrister at Matrix Chambers, specialising in public law, human rights and media law.