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Author: Helen Fenwick
Publisher: Cambridge University Press
ISBN: 1139466763
Category : Law
Languages : en
Pages : 440
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Book Description
Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.
Author: Helen Fenwick
Publisher: Cambridge University Press
ISBN: 1139466763
Category : Law
Languages : en
Pages : 440
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Book Description
Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.
Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 1139488961
Category : Law
Languages : en
Pages : 470
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Book Description
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Author: Alan D. P. Brady
Publisher: Cambridge University Press
ISBN: 1107013003
Category : Law
Languages : en
Pages : 311
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Book Description
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Author: Great Britain. Home Office
Publisher:
ISBN: 9780101378222
Category : Civil rights
Languages : en
Pages : 22
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Book Description
Author: Mark Elliott
Publisher: Bloomsbury Publishing
ISBN: 1509906886
Category : Law
Languages : en
Pages : 380
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Book Description
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.
Author: Alan D. P. Brady
Publisher: Cambridge University Press
ISBN: 1107378834
Category : Political Science
Languages : en
Pages : 311
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Book Description
The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other branches of government. This rigorous analysis of the relationship between proportionality and deference under the Human Rights Act sets out a model of proportionality, drawn from existing case law, which integrates deference within the multi-stage proportionality test. The model is 'institutionally sensitive' and can be applied to proportionality-based judicial review of all forms of government activity. The model is shown in operation in three fields that span the full range of government activity: immigration (administrative action), criminal justice (legislation) and housing (multi-level decisions).
Author: Richard Gordon
Publisher: Routledge
ISBN: 113534714X
Category : Law
Languages : en
Pages : 354
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Book Description
The Human Rights Act 1998 had a profound effect on the law of the United Kingdom,and in no area more so than judicial review. This book gives practical guidance on the interplay between the Act and domestic public law.
Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 1139467913
Category : Political Science
Languages : en
Pages : 280
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Book Description
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Author: David Neuberger
Publisher: Haus Publishing
ISBN: 1912208245
Category : Law
Languages : en
Pages : 55
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Book Description
To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.
Author: Marko Milanovic
Publisher: Oxford University Press
ISBN: 0199696209
Category : Law
Languages : en
Pages : 301
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Book Description
Expanded version of author's thesis (doctoral)--University of Cambridge, 2010.
