Common law constitutional rights / edited by Mark Elliott and Kirsty Hughes.

Format:

Book

Contributor:

Elliott, Mark, 1975- editor.

Hughes, Kirsty Elizabeth, editor.

Language:

English

Subjects (All):

Constitutional law--Great Britain.

Constitutional law.

Common law--England.

Common law.

Physical Description:

1 online resource (xii, 338 pages.)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

Oxford ; Hart, 2020.

Summary:

"This book is the first collection of its kind exploring common law constitutional rights. It offers a detailed and comparative analysis of the content and role of individual common law constitutional rights in judicial decision-making; and a series of essays offering a range of perspectives on the constitutional significance and rights implications of this development. There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights. Indeed various 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. This shift in legal reasoning has created a sense amongst both scholars and the judiciary that something significant is happening here, and was recently described by Lady Hale as 'UK constitutionalism on the march'. This collection brings together leading constitutional scholars to analyse this significant development for the first time"-- Provided by publisher.

Contents:

Common Law Constitutional Rights : An Introduction / Mark Elliott and Kirsty Hughes

The Mythology and the Reality of Common Law Constitutional Rights

to Bodily Integrity / Natasa Mavronicola

Access to Justice : From Judicial Empowerment to Public Empowerment /

Se-shauna Wheatle

A Constitutional Right to Property? / Tom Allen

A Common Law Constitutional Right to Privacy : Waiting for Godot? / Kirsty Hughes

Freedom of Expression and the Right to Vote : A Tale of Two Rights / Jacob Rowbottom

Searching for a Chimera? : Seeking Common Law Rights of Freedom

of Assembly and Association / Gavin Phillipson

Equality : A Core Common Law Principle, or 'Mere' Rationality? / Colm O'Cinneide

The Fundamentality of Rights at Common Law / Mark Elliott

Fundamental Common Law Rights and Legislation / Alison L Young

Common Law Constitutional Rights and Executive Action / Joanna Bell

Common Law Constitutional Rights at the Devolved Level / Brice Dickson

The Reach of Common Law Rights / Thomas Fairclough.

Notes:

Includes bibliographical references and index

Includes bibliographical references and index.

ISBN:

1-5099-0689-4

1-5099-0687-8

OCLC:

1128065294