Shaped by the nuanced constitution : a critique of common law constitutional rights / Christina Lienen.

Format:

Book

Author/Creator:

Lienen, Christina, author.

Language:

English

Subjects (All):

Civil rights--Great Britain.

Civil rights.

Constitutional law--Great Britain.

Constitutional law.

Common law--England.

Common law.

Physical Description:

1 online resource (233 pages)

Place of Publication:

Oxford, England : HART PUBLISHING Bloomsbury Publishing Plc, [2023]

Summary:

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

Contents:

Introduction

An Introduction to the Nuanced Constitution

A closer look at the Nuanced Constitution through Four Case Studies

A short history of Common Law Constitutional Rights

The nature and characteristics of Common Law Constitutional Rights

The shortcomings of the Nuanced Constitution : rights protection, unlimited legislative power and the English Common Law.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781509948819

1509948813

9781509948826

1509948821

OCLC:

1375297044