Property and The Human Rights Act 1998
Property and The Human Rights Act 1998
Hart Publishing | September 22, 2005 | ISBN-10: 1841132039 | 325 pages | PDF | 1.1 MB
Hart Publishing | September 22, 2005 | ISBN-10: 1841132039 | 325 pages | PDF | 1.1 MB
By giving further effect to the European Convention on Human Rights, the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some convention rights conflict with rights of private property. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future.