Common Law Constitutional Rights

Herausgeber: Elliott, Mark; Hughes, Kirsty

• Broschiertes Buch

Produktbeschreibung

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.

Produktdetails

• Verlag: HART PUB
• Seitenzahl: 352
• Erscheinungstermin: 30. November 2023
• Englisch
• Abmessung: 234mm x 156mm x 25mm
• Gewicht: 454g
• ISBN-13: 9781509974252
• ISBN-10: 1509974253
• Artikelnr.: 68458045

Autorenporträt

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

Inhaltsangabe

1. The Nature and Role of Common Law Constitutional Rights Mark Elliott and
Kirsty Hughes PART I THE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS 2.
The Mythology and the Reality of Common Law Constitutional Rights to Bodily
Integrity Natasa Mavronicola 3. Access to Justice: From Judicial
Empowerment to Public Empowerment Se-shauna Wheatle 4. A Constitutional
Right to Property? Tom Allen 5. A Common Law Constitutional Right to
Privacy - Waiting for Godot? Kirsty Hughes 6. Freedom of Expression and the
Right to Vote: Political Rights and the Common Law Constitution Jacob
Rowbottom 7. Searching for a Chimera? Seeking Common Law Rights of Freedom
of Assembly and Association Gavin Phillipson 8. Equality: A Core Common Law
Principle, or 'Mere' Rationality? Colm O'Cinneide PART II THE ROLE AND
POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS 9. The Fundamentality of
Rights at Common Law Mark Elliott 10. Fundamental Common Law Rights and
Legislation Alison L Young 11. Common Law Constitutional Rights and
Executive Action Joanna Bell 12. Common Law Constitutional Rights at the
Devolved Level Brice Dickson 13. The Reach of Common Law Rights Thomas
Fairclough