Judicial reasoning under the UK Human Rights Act / edited by Helen Fenwick, Gavin Phillipson, Roger Masterman.

Format:

Book

Contributor:

Fenwick, Helen, editor.

Phillipson, Gavin, editor.

Masterman, Roger, editor.

Language:

English

Subjects (All):

Great Britain. Human Rights Act 1998.

Great Britain.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Judicial process--Great Britain.

Judicial process.

Human rights--Great Britain.

Human rights.

Physical Description:

1 online resource (xxvii, 455 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2007.

Language Note:

English

Summary:

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.

Contents:

Cover; Half-title; Title; Copyright; Contents; List of contributors; Foreword; Preface and acknowledgments; Table Of Cases; Table Of Legislation; United Kingdom; Canada; New Zealand; South Africa; United States; Table Of Treaties; 1 The Human Rights Act in contemporary context; Introduction; The HRA project: problems, complexities and judicial responses; The structure of this book; Part I The interpretation of the Human Rights Act 1998; 2 The European Convention on Human Rights and the Human Rights Act: the view from the outside

3 Aspiration or foundation? The status of the Strasbourg jurisprudence and the 'Convention rights' in domestic law4 Institutional roles and meanings of 'compatibility' under the Human Rights Act 1998; 5 Choosing between sections 3 and 4 of the Human Rights Act 1998: judicial reasoning after Ghaidan v. Mendoza; 6 Clarity postponed: horizontal effect after Campbell; 7 The standard of judicial review after the Human Rights Act; 8 Principles of deference under the Human Rights Act; Part II The Human Rights Act and substantive law; 9 The common law, privacy and the Convention

10 Judicial reasoning in clashing rights cases11 Family law and the Human Rights Act 1998: judicial restraint or revolution?; 12 Article 14 ECHR: a protector, not a prosecutor; 13 Criminal procedure, the presumption of innocence and judicial reasoning under the Human Rights Act; Concluding remarks; Index

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-18252-2

1-281-08498-0

9786611084981

0-511-34187-3

0-511-49377-0

0-511-34133-4

0-511-34075-3

0-511-54403-0

0-511-34240-3

OCLC:

476123881