Judicial Reasoning Under The Uk Human Rights Act PDF Download
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| Author | : Helen Fenwick |
| Publisher | : Cambridge University Press |
| Total Pages | : 440 |
| Release | : 2007-09-06 |
| Genre | : Law |
| ISBN | : 1139466763 |
Download Judicial Reasoning under the UK Human Rights Act Book in PDF, ePub and Kindle
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 | : Alan D. P. Brady |
| Publisher | : Cambridge University Press |
| Total Pages | : 311 |
| Release | : 2012-05-03 |
| Genre | : Law |
| ISBN | : 1107013003 |
Download Proportionality and Deference Under the UK Human Rights Act Book in PDF, ePub and Kindle
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
| Author | : Aileen Kavanagh |
| Publisher | : Cambridge University Press |
| Total Pages | : 470 |
| Release | : 2009-05-07 |
| Genre | : Law |
| ISBN | : 1139488961 |
Download Constitutional Review under the UK Human Rights Act Book in PDF, ePub and Kindle
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 | : Liora Lazarus |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 434 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1849468141 |
Download Reasoning Rights Book in PDF, ePub and Kindle
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
| Author | : Great Britain. Home Office |
| Publisher | : |
| Total Pages | : 22 |
| Release | : 1997 |
| Genre | : Civil rights |
| ISBN | : 9780101378222 |
Download Rights Brought Home Book in PDF, ePub and Kindle
| Author | : Se-shauna Wheatle |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 235 |
| Release | : 2017-04-20 |
| Genre | : Law |
| ISBN | : 1782259821 |
Download Principled Reasoning in Human Rights Adjudication Book in PDF, ePub and Kindle
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
| Author | : Mark Elliott |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 351 |
| Release | : 2020-04-16 |
| Genre | : Law |
| ISBN | : 1509906886 |
Download Common Law Constitutional Rights Book in PDF, ePub and Kindle
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 | : Mark Elliott |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 320 |
| Release | : 2020-04-16 |
| Genre | : Law |
| ISBN | : 1509906878 |
Download Common Law Constitutional Rights Book in PDF, ePub and Kindle
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 | : Richard Bellamy |
| Publisher | : Cambridge University Press |
| Total Pages | : 280 |
| Release | : 2007-09-13 |
| Genre | : Political Science |
| ISBN | : 1139467913 |
Download Political Constitutionalism Book in PDF, ePub and Kindle
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 | : Hélène Tyrrell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 232 |
| Release | : 2018-09-20 |
| Genre | : Law |
| ISBN | : 1509904956 |
Download Human Rights in the UK and the Influence of Foreign Jurisprudence Book in PDF, ePub and Kindle
Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
