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Lookup NU author(s): Dr Tom Bennett
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This article re-examines the various theories surrounding the horizontal effect of the Human Rights Act, arguing that while the debate seemed to come to a conclusion in the early 2000s, with general acceptance of the notion of "indirect horizontal effect", the reality is that the courts have gone beyond this and given the Act direct horizontal effect. The author considers whether it is time to embrace that notion and use it to strip away the outdated and increasingly unhelpful common law rules of privacy and defamation and replace them with a wide-ranging, overarching action for "unlawful interference with Article 8 righhts.
Author(s): Bennett TDC
Publication type: Article
Publication status: Published
Journal: Entertainment Law Review
Year: 2010
Volume: 21
Issue: 4
Pages: 145-149
Print publication date: 01/01/2010
ISSN (print): 0959-3799
Publisher: Sweet & Maxwell Ltd.
URL: http://lawlib.wlu.edu/CLJC/index.aspx?issue=yes&mainid=517&issuedate=4/29/2010&id=&abstracts=yes&coins=yes&homepage=yes&jf1=yes&jf1url=http%3a%2f%2fworldcatlibraries.org%2fregistry%2fgateway&jf2=yes&jf2url=http%3a%2f%2flawlib.wlu.edu%2fresolver.aspx
