The Human Right to Property is a comprehensive study of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom, providing a detailed analysis of the right to the peaceful enjoyment of possessions and its impact on legislators and public authorities. It explores the theoretical and political foundations of A1P1, guides the reader through the relevant case law, and concludes that it forces States to justify interferences, limits radical redistributions of property, and casts a wider shadow over legislative choice and public body decision-making.

Format: Hardback
Length: 472 pages
Publication date: 14 July 2022
Publisher: Bloomsbury Publishing PLC

This is an excellent work that has been deeply researched. The analysis of case law will be of great value to practitioners and academics seeking a synthesis of the law on a particular issue. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission, has praised the book as a valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers. Professor Sarah Nield, University of Southampton, has also commended the book for its pervasiveness of A1P1 through contemporary property law, making it a serious and comprehensive study. David Sawtell, 39 Essex Chambers and Cambridge University, has described the book as a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of possessions. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify their interference with possessions; ensures that States cannot interfere with possessions arbitrarily or capriciously; provides a framework for States to strike a fair balance between the interests of individuals and the interests of the community; and provides a mechanism for individuals to challenge State interference with their possessions. The book is essential reading for anyone interested in the human right to property, including lawyers, judges, academics, and policymakers. It provides a comprehensive and up-to-date overview of the law in this area and will be of great value to those seeking to understand the legal implications of property rights.

The Human Right to Property: A Comprehensive Analysis of Article 1 of Protocol No.1

This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of possessions. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation.

Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day.

The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify their interference with possessions; ensures that States cannot interfere with possessions arbitrarily or capriciously; provides a framework for States to strike a fair balance between the interests of individuals and the interests of the community; and provides a mechanism for individuals to challenge State interference with their possessions.

The book is essential reading for anyone interested in the human right to property, including lawyers, judges, academics, and policymakers. It provides a comprehensive and up-to-date overview of the law in this area and will be of great value to those seeking to understand the legal implications of property rights.

Weight: 840g
Dimension: 162 x 241 x 33 (mm)
ISBN-13: 9781509961108