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All Outputs (34)

Judicial Reasoning under the UK Human Rights Act (2007)
Book
Fenwick, H., Phillipson, G., & Masterman, R. (Eds.). (2007). Judicial Reasoning under the UK Human Rights Act. Cambridge University Press. https://doi.org/10.1017/cbo9780511493775

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substanti... Read More about Judicial Reasoning under the UK Human Rights Act.

'Judicial Reasoning in Breach of Confidence Cases under the Human Rights Act: not taking privacy seriously?' (2003)
Journal Article
Phillipson, G. (online). 'Judicial Reasoning in Breach of Confidence Cases under the Human Rights Act: not taking privacy seriously?'. European Human Rights Law Review, 54-72

Criticises the legal reasoning applied by the Court of Appeal in A v B Plc in respect of two key issues around the development of a right to privacy under the European Convention on Human Rights 1950 Art.8, as applied under the Human Rights Act, argu... Read More about 'Judicial Reasoning in Breach of Confidence Cases under the Human Rights Act: not taking privacy seriously?'.

Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act (2003)
Journal Article
Phillipson, G. (2003). Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act. Modern Law Review, 66(5), 726-758. https://doi.org/10.1111/1468-2230.6605003

This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited 'horizontal' application of Article 8 of the ECHR via the Human Rights A... Read More about Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act.

'(Mis)-Reading Section 3 of the Human Rights Act' (2003)
Journal Article
Phillipson, G. (2003). '(Mis)-Reading Section 3 of the Human Rights Act'. Law Quarterly Review, 119(April), 183-188

Response to Reconciling Parliamentary democracy and human rights by C.A. Gearty in L.Q.R. 2002, 118(Apr), 248-269. Criticises the author's argument that the Human Rights Act s.3(2) and s.6(2)(b) provide guidance on the proper reading of s.3(1). Sugge... Read More about '(Mis)-Reading Section 3 of the Human Rights Act'.

Direct Action, Convention values and the Human Rights Act (2001)
Journal Article
Fenwick, H., & Phillipson, G. (2001). Direct Action, Convention values and the Human Rights Act. Legal Studies, 21(4), 535-568. https://doi.org/10.1111/j.1748-121x.2001.tb00180.x

The direct action form of protest is becoming an increasingly significant form of political expression. This paper considers such protest in relation to the guarantees of free expression and peaceful assembly under arts 10 and 11 of the European Conv... Read More about Direct Action, Convention values and the Human Rights Act.