Jun 8, 2010
De Londras and Kelly’s ‘European Convention on Human Rights Act: Operation, Impact and Analysis’
Since the European Convention on Human Rights Act 2003 came into effect in December of that year, it has perhaps had less of an impact on Irish litigation and on the politico-legal processes of the State than some might have anticipated or hoped for. However, the Act has created a potentially transformative system for the protection of rights originating in the Convention and based domestically in the statute. As such, it deserves a detailed consideration, and that is what this book by Fiona de Londras (UCD) and Cliona Kelly (NUI Galway), European Convention on Human Rights Act: Operation, Analysis and Impact provides. Although the greater part of this work centres on the obligations and remedies under the Act, the authors also address the largely neglected, but crucial issue of the roles that the Act envisages for important constitutional actors (such as the Attorney General) and statutory bodies (such as the Irish Human Rights Commission).
As is clear from the title, the author’s concerns are with assessing how the Act operates, considering the impact of the Act on legal processes within the State, and analysing both the individual provisions of the Act and the “gaps” or uncertainties that have emerged both in terms of the Act’s schema and the application of the legislation in practice.
This is a book that will be of great assistance to practitioners who are availing of the Act in litigation and will play a very important role in illuminating the study of public law in Ireland for students both here and in other jurisdictions. Finally, it offers excellent guidance to public policy officials and non-lawyers on the structures, potential and shortcomings of the Act.
The book is timely and important, constituting a highly valuable and significant addition to the growing literature under the ECHR Act 2003.
It is available from Roundhall and all good bookshops.
