50 IT IS FOR THE NATIONAL COURT TO APPLY THOSE CONSIDERATIONS TO THE CIRCUMSTANCES OF EACH CASE ; THE COURT OF APPEAL HAS , HOWEVER , STATED IN THE ORDER FOR REFERENCE THAT THE RESPONDENT , SOUTHAMPTON AND SOUTH WEST HAMPSHIRE AREA HEALTH AUTHORITY ( TEACHING ), IS A PUBLIC AUTHORITY . the private or public sector can be regarded as an organ of the state. Search result: 1 case (s) 1 documents analysed. As well as direct affect being applied vertically and horizontally they are also directly applicable. This was one of the questions for the court in Defrenne v Sabena 1976 , which involved a claim for equal pay made against an employer under Article 141. action, however, as the ECJ held that the Health Authority was an organ of FROM 23 MAY 1974 SHE WORKED UNDER A CONTRACT OF EMPLOYMENT AS SENIOR DIETICIAN . attained in the absence of measures appropriate to restore such equality - Equality of treatment for men and women - Conditions governing dismissal. The wide scope of public Authorities was left to the national courts of Member states. 475 ). 24 ), WHICH THE MEMBER STATES WERE TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . 43 THE RESPONDENT AND THE UNITED KINGDOM PROPOSE , CONVERSELY , THAT THE SECOND QUESTION SHOULD BE ANSWERED IN THE NEGATIVE . accordance with the applicable national rules. SINCE THE SITUATION IS THEREFORE THE SAME AS THAT IN THE BURTON CASE , THE FIXING BY THE CONTRACT OF EMPLOYMENT OF DIFFERENT RETIREMENT AGES LINKED TO THE DIFFERENT MINIMUM PENSIONABLE AGES FOR MEN AND WOMEN UNDER NATIONAL LEGISLATION DOES NOT CONSTITUTE UNLAWFUL DISCRIMINATION CONTRARY TO COMMUNITY LAW . They admit that a directive may, in certain specific circumstances, have direct effect as against a Member State in so far as the latter may not rely on its failure to perform its obligations under the directive. The ECJ decided in 1986 that the termination of Miss M H Marshall's employment constituted unlawful discrimination on grounds of sex: (1986 ECR 723. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). A person who had been injured as a result of discriminatory dismissal might A number of cases have considered and applied the Foster (1990) criteria. Marshall argued that her employer would not have been able to treat a man the same way. 49 IN THAT RESPECT IT MUST BE POINTED OUT THAT WHERE A PERSON INVOLVED IN LEGAL PROCEEDINGS IS ABLE TO RELY ON A DIRECTIVE AS AGAINST THE STATE HE MAY DO SO REGARDLESS OF THE CAPACITY IN WHICH THE LATTER IS ACTING , WHETHER EMPLOYER OR PUBLIC AUTHORITY . The latest Man Utd news including team news, injury updates, transfers, features, match previews, match reports and more. Case 14/83Von Colson and Kamann v. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. Marshall v Southampton Area Health Authority (1986) Court of Justice of the European Union None Critically discuss with reference to decided cases and academic opinion. ( 2)IF THE ANSWER TO ( 1 ) ABOVE IS IN THE AFFIRMATIVE , WHETHER OR NOT THE EQUAL TREATMENT DIRECTIVE CAN BE RELIED UPON BY THE APPELLANT IN THE CIRCUMSTANCES OF THE PRESENT CASE IN NATIONAL COURTS OR TRIBUNALS NOTWITHSTANDING THE INCONSISTENCY ( IF ANY ) BETWEEN THE DIRECTIVE AND SECTION 6 ( 4 ) OF THE SEX DISCRIMINATION ACT . Case 152/84. How Many Visitors Visit Mount Rushmore Each Year, SHE CONTENDED THAT HER DISMISSAL AT THE DATE AND FOR THE REASON INDICATED BY THE RESPONDENT CONSTITUTED DISCRIMINATORY TREATMENT BY THE RESPONDENT ON THE GROUND OF SEX AND , ACCORDINGLY , UNLAWFUL DISCRIMINATION CONTRARY TO THE SEX DISCRIMINATION ACT AND COMMUNITY LAW . 55 IT FOLLOWS THAT ARTICLE 5 OF DIRECTIVE NO 76/207 DOES NOT CONFER ON THE MEMBER STATES THE RIGHT TO LIMIT THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN ITS FIELD OF OPERATION OR TO SUBJECT IT TO CONDITIONS AND THAT THAT PROVISION IS SUFFICIENTLY PRECISE AND UNCONDITIONAL TO BE CAPABLE OF BEING RELIED UPON BY AN INDIVIDUAL BEFORE A NATIONAL COURT IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). [14] INGMAN, p. 227. IT WOULD NOT THEREFORE BE PROPER TO PUT PERSONS EMPLOYED BY THE STATE IN A BETTER POSITION THAN THOSE WHO ARE EMPLOYED BY A PRIVATE EMPLOYER . Directive but set limits to the compensation recoverable. Judgement for the case Marshall v Southampton and South West Hampshire Area Health Authority (no.2) This related to the case of Marshall no.1 (see above under "General Reading"). The ECJ decided in 1986 that the termination of Miss M H Marshall's employment constituted unlawful discrimination on grounds of sex: (1986 ECR 723. It would not therefore be proper to put persons employed by the State in a better position than those who are employed by a private employer. 2 THE QUESTIONS WERE RAISED IN THE COURSE OF PROCEEDINGS BETWEEN MISS M . effect) of Union law would be diminished if individuals were not able to obtain The principle of Indirect Effect and State liability were later brought about by the cases of Von Colson and Francovich to fill in the gaps left by Direct effect and to ensure all citizens rights are protected regardless of whether they work for a public or private body or whether the claim was brought vertically or horizontally. Authority on the basis that she was over 60 years of age. 44 WITH REGARD TO THE LEGAL POSITION OF THE RESPONDENT ' S EMPLOYEES THE UNITED KINGDOM STATES THAT THEY ARE IN THE SAME POSITION AS THE EMPLOYEES OF A PRIVATE EMPLOYER . Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 is an EU law case, concerning the conflict of law between a national legal system and European Union law. 25 IN ADDITION , THE APPELLANT CONSIDERS THAT THE EXCEPTION PROVIDED FOR IN ARTICLE 7 ( 1 ) OF DIRECTIVE NO 79/7 WITH REGARD TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS , IS NOT RELEVANT SINCE , UNLIKE CASE 19/81 ( BURTON V BRITISH RAILWAYS BOARD ( 1982 ) ECR 555 ), THIS CASE DOES NOT RELATE TO THE DETERMINATION OF PENSIONABLE AGE . The fixing of an upper limit could not constitute proper implementation of Health Service Executive v Power (Approved) [2022] IESC 17 (31 March 2022) Clare County Council v McDonagh & Anor (Approved) [2022] IESC 15 (14 March 2022) E.L.G. Is the law in this area satisfactory? # Equality of treatment for men and women - Conditions governing dismissal. 56 CONSEQUENTLY , THE ANSWER TO THE SECOND QUESTION MUST BE THAT ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 OF 9 FEBRUARY 1976 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Union law. Furthermore, the wording of Article 5 is quite imprecise and requires the adoption of measures for its implementation. Marshall v Southampton and South West Area Health Authority [1986] Definition INTRODUCED THE IDEA OF DIRECTIVES BEING DIRECTLY EFFECTIVE AGAINST ORGANS / EMANATIONS OF THE STATE REGARDLESS OF WHAT CAPACITY IT WAS ACTING IN C brought action against D on basis of D's policy which forced women into retirement earlier than men Find his/her court cases that concern minor and major violations of various traffic laws, such as Driving Under Influence, Speeding, Aggressive Driving, Hit & Run, and many more. This case involved an application for a preliminary ruling. [51] The argument submitted by the United Kingdom that the possibility of relying on provisions of the directive qua organ of the State would give rise to an arbitrary and unfair distinction between the rights of State employees and those of private employees does not justify any other conclusion. 37 Full PDFs related to this paper. In Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, the Court of Justice created an artificial and arbitrary barrier to the horizontal enforcement of directives. ( 2 ) ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 OF 9 FEBRUARY 1976 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). Henry Stickmin Images, Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. 780; Case 262/84, Mrs. Vera M. Beets-Proper v. Van . The criteria set out in of Van Gend en Loos stated that the provision must be clear and unambiguous, it must be unconditional and it must take effect without further action by the EU or member state. If you have any other questions, comments or concerns, please contact our Call Center at 631-451-TOWN (8696). An industrial tribunal held that the limit rendered the compensation inadequate In the UK, the retirement age for men was 65 years old yet for women it was 60 years old. 16 ARTICLE 1 ( 2 ) OF THE DIRECTIVE PROVIDES THAT : ' WITH A VIEW TO ENSURING THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , WILL ADOPT PROVISIONS DEFINING ITS SUBSTANCE , ITS SCOPE AND THE ARRANGEMENTS FOR ITS APPLICATION . 9 German food law at the time prescribed that for certain food products any deviation from the original recipe (in this case, e.g., the use of vegetable oils instead of eggs and butter in the production of certain biscuits) should be clearly stated on the product packaging. GROUP TUTORING. IN THAT RESPECT THE CAPACITY IN WHICH THE STATE ACTS , WHETHER AS EMPLOYER OR PUBLIC AUTHORITY , IS IRRELEVANT . In conclusion it could be said that the decision of Marshall v Southampton AHA was set out as a precedent to ensure no private bodies are held liable for a states failure to implement a directive and directives are only vertically directly effective with the exception of fulfilling one of the requirements set out by the case of Foster as being an emanation of the state. 76/207 are neither unconditional nor sufficiently clear and precise to give rise to direct effect. 31 THE UNITED KINGDOM MAINTAINS , HOWEVER , THAT IN THE CIRCUMSTANCES OF THIS CASE THERE IS NO DISCRIMINATION IN WORKING CONDITIONS SINCE THE DIFFERENCE OF TREATMENT DERIVES FROM THE NORMAL RETIREMENT AGE , WHICH IN TURN IS LINKED TO THE DIFFERENT MINIMUM AGES AT WHICH A STATE PENSION IS PAYABLE . This was finally made explicit by the ECJ in its decision in M.H. They come in the form of instructions to Member States to bring national law in line with the provisions of the directive with a specific date provided by which implementation must be assured. the Directive, while leaving to the member state the choice of the forms and 65 years for men and 60 years for women. Where a measure is horizontally directly effective it creates rights between citizens and is therefore enforceable by them in national courts. rely on article 6 as against an authority of the State acting in its capacity as an Constitutional Law Milestone Cases in United Kingdom. Written by Oxford & Cambridge prize-winning graduates, Includes copious academic commentary in summary form, Concise structure relating cases and statutes into an easy-to-remember whole. Politi SAS. Free resources to assist you with your legal studies! She commenced proceedings in the industrial tribunal and argued 723. Published: 3rd Jul 2019. privacy policy. 76/207, which implements the principle of equality of treatment set out in Article 2(1) of the directive, may be considered, as far as its contents are concerned, to be unconditional and sufficiently precise to be relied upon by an individual as against the State, it must be stated that the provision, taken by itself, prohibits any discrimination on grounds of sex with regard to working conditions, including the conditions governing dismissal, in a general manner and in unequivocal terms. The preliminary ruling procedure was used in a long case of M H Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] EUECJ R-152/84 [23] where a lady was discriminated against when terminating her contract. More information about the United Kingdom is available on the United Kingdom Page and from other Department of State publications and other sources listed at the end of this fact sheet. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. relied on by persons before national courts. WHERE THERE IS ANY INCONSISTENCY BETWEEN NATIONAL LAW AND COMMUNITY LAW WHICH CANNOT BE REMOVED BY MEANS OF SUCH A CONSTRUCTION , THE APPELLANT SUBMITS THAT A NATIONAL COURT IS OBLIGED TO DECLARE THAT THE PROVISION OF NATIONAL LAW WHICH IS INCONSISTENT WITH THE DIRECTIVE IS INAPPLICABLE . Sir Keir Starmer was facing a crisis on two fronts last night as a witness prepared to tell police the Labour leader's lockdown curry had broken pandemic rules and a leaked document appeared to . The measures should be sufficiently effective Facts. View examples of our professional work here. - the claimant had been employed by the Southampton Health Authority and when she reached the age of 62 she was dismissed due to the fact that she had reached the authority's retirement age for . Reference for a preliminary . Vertical direct effect concerns the relationship between EU law and national law specifically, the state's obligation to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or against public bodies; an "emanation of the state" as defined in, "Do unimplemented European Community directives have direct effect or any other legal effect in national law? Marshall v Southampton and South West Hampshire Area Health Authority 1986 Case 15284 is an EU law case concerning the conflict of law between a. 20 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENT . The article states that a directive shall be binding as to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of forms and methods. [15] BENNETT/HOGAN/SEAGO, p. 160. question created rights that could be enforced between individuals, that is, it THEY CONTEND IN PARTICULAR , WITH REGARD TO ARTICLES 2 ( 1 ) AND 5 ( 1 ) OF DIRECTIVE NO 76/207 , THAT THOSE PROVISIONS ARE SUFFICIENTLY CLEAR TO ENABLE NATIONAL COURTS TO APPLY THEM WITHOUT LEGISLATIVE INTERVENTION BY THE MEMBER STATES , AT LEAST SO FAR AS OVERT DISCRIMINATION IS CONCERNED . Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. Each member state to which a Directive was addressed was required to 39 SINCE THE FIRST QUESTION HAS BEEN ANSWERED IN THE AFFIRMATIVE , IT IS NECESSARY TO CONSIDER WHETHER ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MAY BE RELIED UPON BY AN INDIVIDUAL BEFORE NATIONAL COURTS AND TRIBUNALS . These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. ON THE CONTRARY , THE PROVISIONS OF NATIONAL LEGISLATION TAKE INTO ACCOUNT THE CASE OF CONTINUED EMPLOYMENT BEYOND THE NORMAL PENSIONABLE AGE . ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . The ECJ has developed a principle of direct effect whereby a provision of community law may be enforced by individuals in the national court of their Member State. There was an implied obligation under the former Art 4(3) The ECJ, however, held that Directives, in Marshall argued that her employer would not have been able to treat a man the same way as they were able to treat her. This can be seen in the contrasting decisions of the cases where the employers were found not to be an emanation of the state, this can be seen in the case of Duke v GEC Reliance; within this case the UK was at fault for failing to implement the Directive 76/207. Chapter three: The rule of law and the separation of powers, Chapter eleven: Parliamentary sovereignty within the European Union. Their national validity was established through ratification of the Treaty. [2003] ECR I-10290, Marshall v Southampton and S W Hampshire Area Health Authority [1986] 1 QB 401, Marleasing SA v La Comercial . - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. This selection (c) Oxford University Press, 2012. members of British Gas were appointed by a minister in the UK government Following the end of the American Revolution in 1783, the [] Marshall v. Southampton and South West Hants Health Authority [1986] IRLR 140. ECR 723. Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. However, they maintain that a directive can never impose obligations directly on individuals and that it can only have direct effect against a Member State qua public authority and not against a Member State qua employer. It assessed her financial loss at pounds 18,405, The provision is therefore sufficiently precise to be relied on by an individual and to be applied by the national courts. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . - Directives do not have horizontal effect as per Marshall v Southampton Health and South West Area Health Authority (Case C - 152/84) [1986] ECR 723. Judgment of the Court of 26 February 1986. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. 45 FINALLY , BOTH THE RESPONDENT AND THE UNITED KINGDOM TAKE THE VIEW THAT THE PROVISIONS OF DIRECTIVE NO 76/207 ARE NEITHER UNCONDITIONAL NOR SUFFICIENTLY CLEAR AND PRECISE TO GIVE RISE TO DIRECT EFFECT . Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. the amount of compensation recoverable by way of reparation. 1 (1986) and Fos. It concerned a Miss Marshall who had been employed as a Senior Dietician with the Southampton and South West Hampshire Area Health Authority (Teaching) from the 23rd of May 1974 until her dismissal on the 31st of March 1980, that is to say four weeks after she reached the age of 62. ALTHOUGH ACCORDING TO UNITED KINGDOM CONSTITUTIONAL LAW THE HEALTH AUTHORITIES , CREATED BY THE NATIONAL HEALTH SERVICE ACT 1977 , AS AMENDED BY THE HEALTH SERVICES ACT 1980 AND OTHER LEGISLATION , ARE CROWN BODIES AND THEIR EMPLOYEES ARE CROWN SERVANTS , NEVERTHELESS THE ADMINISTRATION OF THE NATIONAL HEALTH SERVICE BY THE HEALTH AUTHORITIES IS REGARDED AS BEING SEPARATE FROM THE GOVERNMENT ' S CENTRAL ADMINISTRATION AND ITS EMPLOYEES ARE NOT REGARDED AS CIVIL SERVANTS . Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. The objective was to arrive at real equality of opportunity and could not be TEU, to compensate individuals affected by the violation. Wizard Card Game Hogwarts, Google Scholar. FROM THAT THE COURT DEDUCED THAT A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Reference for a preliminary . 27 THE COMMISSION ALSO REFERS TO THE FACT THAT THE COURT HAS RECOGNIZED THAT EQUALITY OF TREATMENT FOR MEN AND WOMEN CONSTITUTES A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW . 76/207 may be relied upon by an individual before national courts and tribunals. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 2.I or your money backCheck out our premium contract notes! Thus it fell to enquire whether the NHS should be deemed an "independent legal person" or an "arm of the state"; and that was a matter for the national court. Paper catalogues available to view at The National Archives - (27) NRA 34890 John Ashby, attorney and estate agent, Shrewsbury: corresp and papers link to online catalogue. Welcome to the Town of Brookhaven, the largest town in Suffolk County and a great place to live, work and play. Walrave v Koch (case 36/74) [1974] ECR 1405, DeFrenne v Sabeena (case 43/75) [1976] ECR 455, Administrazione Dealla Finanze dello Stato v Simmenthal (case 106/77) [1978] ECR 629, Minister of the Interior v Daniel Cohn-Bendit [1980] 1 CMLR 543; (before the French Conseil D'Etat), Macarthys Ltd v Smith [1979] 3 All ER 325, Garland v British Rail Engineering Ltd [1982] 2 All ER 402, Von Colson and Kamann v Land Nordrhein-Westfalen (case 14/83) [1984] ECR 1891, On the Application of Wunsche Handelsgesellschaft (Solange II) [1987] 3 CMLR 225; before the German Federal Constitutional Court, Marleasing SA v La Commercial Internacional de Alimentacion SA (case C-106/89) [1990] ECR I-4135, Francovich and Bonifaci v Italy (cases 6/90 and 9/90) [1991] ECR I-5357; [1993] 2 CMLR 66, Duke v GEC Reliance Ltd [1988] 1 All ER 626, Litster and others v Forth Dry Dock and Engineering Co Ltd and another [1989] 1 All ER 1134, Factortame Ltd and others v Secretary of State for Transport [1989] 2 All ER 692, Factortame Ltd and others v Secretary of State for Transport (No 2) (Case C-213/89) [1991] 1 All ER 70, R v Secretary of State for Transport, ex parte Factortame (no.2) [1991] 1 All ER 70 (House of Lords), Thoburn v Sunderland City Council and other appeals [2002] EWHC 195 Admin; [2003] QB 151; [2002] 4 All ER 156, Chapter twelve: The governance of Scotland and Wales, Chapter thirteen: Substantive grounds of judicial review 1: illegality, irrationality and proportionality, Chapter fourteen: Procedural grounds of judicial review, Chapter fifteen: Challenging governmental decisions: the process, Chapter seventeen: Human rights I: Traditional perspectives, Chapter eighteen: Human rights II: Emergent principles, Chapter nineteen: Human rights III: New substantive grounds of review, Chapter twenty: Human rights IV: The Human Rights Act 1998, Chapter twenty-one: Human rights V: The impact of The Human Rights Act 1998, Chapter twenty-two: Human rights VI: Governmental powers of arrest and detention, Chapter twenty-three: Leaving the European Union.