Europe, human rights and land law in the 21st century: an English example

Article


Pascoe, S. 2011. Europe, human rights and land law in the 21st century: an English example. Property Law Review. 1 (3), pp. 179-196.
TypeArticle
TitleEurope, human rights and land law in the 21st century: an English example
AuthorsPascoe, S.
Abstract

The central theme of this article is an examination of the influences of Europe and human rights law on English land law. The Supreme Court decisions in Manchester City Council v Pinnock and Hounslow London Borough Council v Powell are pivotal in aligning English land law with human rights principles in relation to public authority landowners under the European Convention on Human Rights. This article analyses six developments in the law: first, the gradual diminution of the “wide margin of appreciation” of national authorities; secondly, the modification of the stance towards human rights in repossession cases; thirdly, difficulties pertaining to proportionality; fourthly, the continuing significance of the Wednesbury test of unreasonableness; fifthly, the impact of human rights on proprietary certainty in English land law; and lastly, whether possession proceedings will become based on fair outcomes.

KeywordsLand law, human rights.
Research GroupLaw and Politics
PublisherThomson Reuters, Australia
JournalProperty Law Review
ISSN1838-3858
Publication dates
PrintDec 2011
Publication process dates
Deposited22 Mar 2012
Output statusPublished
Accepted author manuscript
Web address (URL)http://sites.thomsonreuters.com.au/journals/2011/12/20/property-law-review-update-december-2011/
LanguageEnglish
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