Helen Fenwick / Gavin Phillipson / Roger Masterman (eds.)

Judicial Reasoning Under the UK Human Rights Act

Herausgeber: Fenwick, Helen; Phillipson, Gavin; Masterman, Roger

• Gebundenes Buch

Produktbeschreibung

An edited collection of essays examining the processes of judicial decision-making under the Human Rights Act 1998. Focusing on content and process, it considers changes in the substantive law and the new processes of judicial reasoning being adopted. To this end it considers first general Convention and HRA concepts since they arise across all areas of substantive law; it then proceeds to examine not only the use of such concepts in particular contexts, but also the modes of reasoning adopted as judges seek to straddle the divide between familiar common law and statutory concepts/doctrines and European ones. While cross-cutting themes emerge, it will also be found that there are interesting variations between substantive areas, due to particular judicial approaches that have - often for historical reasons - become established in such areas.

Produktdetails

• Verlag: Cambridge University Press
• Seitenzahl: 484
• Erscheinungstermin: 30. November 2009
• Englisch
• Abmessung: 235mm x 157mm x 33mm
• Gewicht: 932g
• ISBN-13: 9780521876339
• ISBN-10: 0521876338
• Artikelnr.: 22543444

Autorenporträt

Professor Helen Fenwick is Joint Director of the Human Rights Centre and Convenor of the SLS Civil Liberties and Human Rights Group.
Gavin Phillipson is Professor of Law at the University of Durham.
Roger Masterman is a Lecturer in Law in the Human Rights Centre at the University of Durham.

Inhaltsangabe

1. Judicial Reasoning and the Human Rights Act 1998 Helen Fenwick, Roger
Masterman and Gavin Phillipson; Part I. The Interpretation of the Human
Rights Act 1998: 2. The System of the European Convention on Human Rights
and the Human Rights Act: The View from the Outside Colin Warbrick; 3.
Aspiration or Foundation? The Status of Strasbourg Jurisprudence and the
'Convention Rights' in Domestic Law Roger Masterman; 4. Institutional Roles
and Meanings of 'Compatibility' under the Human Rights Act 1998 David
Feldman; 5. Choosing between Sections 3 and 4 Human Rights Act 1998:
Judicial Reasoning after Ghaidan v Mendoza Aileen Kavanagh; 6. Clarity
postponed? Horizontal Effect after Campbell and Re. S. Gavin Phillipson; 7.
The Standard of Judicial Review and Legal Reasoning after the Human Rights
Act Ian Leigh; 8. Principles of Deference under the Human Rights Act Sir
David Keene; Part II. The Human Rights Act and Substantive Law: 9. The
Common Law, Privacy and the Convention Gavin Phillipson; 10. Judicial
Reasoning in Clashing Rights Cases Helen Fenwick; 11. Family Law and the
Human Rights Act 1998: Judicial Restraint or Revolution? Sonia
Harris-Short; 12. Article 14: A Protector, Not a Prosecutor Aaron Baker;
13. Criminal Procedure, The Presumption of Innocence and Judicial Reasoning
under the Human Rights Act Paul Roberts; 14. Concluding remarks Ian Leigh.