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Common Law Constitutional Rights

Elliott, Mark Hughes Kirsty
Innbundet / 2020 / Engelsk

Produktdetaljer

ISBN
9781509906864
Publisert
2020-04-16
Utgiver
Vendor
Hart Publishing
Vekt
686 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
352

Redaktør
Elliott, Mark
Hughes Kirsty

Om bidragsyterne

Mark Elliott is Professor of Public Law and Kirsty Hughes is Senior Lecturer in Law, both at the University of Cambridge.

Common Law Constitutional Rights

Elliott, Mark Hughes Kirsty
Innbundet / 2020 / Engelsk
Elliott, Mark Hughes Kirsty
Innbundet / 2020 / Engelsk
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1.656,-
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Mark Elliott and Kirsty Hughes have done a marvellous job as editors, both in framing the book’s agenda and then, having recruited first class contributors, allowing them to speak for themselves … All the chapters in this book are to be recommended: their capacity to enlighten ranges well beyond the immediate remit into the much wider fields of constitutional and administrative law (and even a little bit of philosophy).

- Conor Gearty, Modern Law Review

In a time where the Human Rights Act remains under threat from a hostile government, it is right that we take seriously the judiciary’s suggestion that the common law can provide the necessary protection of fundamental liberties. While this volume appears sceptical about the law’s current ability to do so, each and every essay is a valuable contribution to this debate, which one suspects will continue to rage on for some time.

- David Blair, Edinburgh Law Review

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
Les mer
1. The Nature and Role of Common Law Constitutional Rights Mark Elliott and Kirsty HughesPART ITHE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity Natasa Mavronicola3. Access to Justice: From Judicial Empowerment to Public Empowerment Se-shauna Wheatle4. A Constitutional Right to Property? Tom Allen5. A Common Law Constitutional Right to Privacy – Waiting for Godot? Kirsty Hughes6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution Jacob Rowbottom7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association Gavin Phillipson8. Equality: A Core Common Law Principle, or ‘Mere’ Rationality? Colm O’CinneidePART IITHE ROLE AND POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS9. The Fundamentality of Rights at Common Law Mark Elliott10. Fundamental Common Law Rights and Legislation Alison L Young11. Common Law Constitutional Rights and Executive Action Joanna Bell12. Common Law Constitutional Rights at the Devolved Level Brice Dickson13. The Reach of Common Law Rights Thomas Fairclough
Les mer
A landmark volume on the historical and future development of common law constitutional rights.
The first edited volume exploring the history and future of common law constitutional rights, an increasingly in vogue topic in constitutional law.

Relaterte produkter

Mark Elliott and Kirsty Hughes have done a marvellous job as editors, both in framing the book’s agenda and then, having recruited first class contributors, allowing them to speak for themselves … All the chapters in this book are to be recommended: their capacity to enlighten ranges well beyond the immediate remit into the much wider fields of constitutional and administrative law (and even a little bit of philosophy).

- Conor Gearty, Modern Law Review

In a time where the Human Rights Act remains under threat from a hostile government, it is right that we take seriously the judiciary’s suggestion that the common law can provide the necessary protection of fundamental liberties. While this volume appears sceptical about the law’s current ability to do so, each and every essay is a valuable contribution to this debate, which one suspects will continue to rage on for some time.

- David Blair, Edinburgh Law Review

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
Les mer
1. The Nature and Role of Common Law Constitutional Rights Mark Elliott and Kirsty HughesPART ITHE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity Natasa Mavronicola3. Access to Justice: From Judicial Empowerment to Public Empowerment Se-shauna Wheatle4. A Constitutional Right to Property? Tom Allen5. A Common Law Constitutional Right to Privacy – Waiting for Godot? Kirsty Hughes6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution Jacob Rowbottom7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association Gavin Phillipson8. Equality: A Core Common Law Principle, or ‘Mere’ Rationality? Colm O’CinneidePART IITHE ROLE AND POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS9. The Fundamentality of Rights at Common Law Mark Elliott10. Fundamental Common Law Rights and Legislation Alison L Young11. Common Law Constitutional Rights and Executive Action Joanna Bell12. Common Law Constitutional Rights at the Devolved Level Brice Dickson13. The Reach of Common Law Rights Thomas Fairclough
Les mer
A landmark volume on the historical and future development of common law constitutional rights.
The first edited volume exploring the history and future of common law constitutional rights, an increasingly in vogue topic in constitutional law.

Produktdetaljer

ISBN
9781509906864
Publisert
2020-04-16
Utgiver
Vendor
Hart Publishing
Vekt
686 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
352

Redaktør
Elliott, Mark
Hughes Kirsty

Om bidragsyterne

Mark Elliott is Professor of Public Law and Kirsty Hughes is Senior Lecturer in Law, both at the University of Cambridge.

Relaterte produkter