Common Law Constitutional Rights

Administrative / Constitutional Law

Common Law Constitutional Rights

Edited by Mark Elliott · Kirsty Hughes
Hart Publishing April 2020

Specifications

ISBN-13
9781509906864
Publisher
Hart Publishing
Publication
April 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

1. The Nature and Role of Common Law Constitutional Rights
Mark Elliott and Kirsty Hughes
PART I. THE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS
2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity
Natasa Mavronicola
3. Access to Justice: From Judicial Empowerment to Public Empowerment
Se-shauna Wheatle
4. A Constitutional Right to Property?
Tom Allen
5. A Common Law Constitutional Right to Privacy – Waiting for Godot?
Kirsty Hughes
6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution
Jacob Rowbottom
7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association
Gavin Phillipson
8. Equality: A Core Common Law Principle, or 'Mere' Rationality?
Colm O'Cinneide
PART II. THE ROLE AND POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS
9. The Fundamentality of Rights at Common Law
Mark Elliott
10. Fundamental Common Law Rights and Legislation
Alison L Young
11. Common Law Constitutional Rights and Executive Action
Joanna Bell
12. Common Law Constitutional Rights at the Devolved Level
Brice Dickson
13. The Reach of Common Law Rights
Thomas Fairclough
HKD 1,261.00 −3%
HKD 1,300.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Fragmentation vs. the Constitutionalisation of International Law: A Practical Inquiry
Routledge

Fragmentation vs. the Constitutionalisation of International Law: A Practical Inquiry

Andrzej Jakubowski; Karolina Wierczynska
HKD 2,017.60
The Quest for Rights: Ideal and Normative Dimensions
Edward Elgar Publishing

The Quest for Rights: Ideal and Normative Dimensions

Massimo La Torre; Leone Niglia; Mart Susi
HKD 1,399.71
Routledge Handbook of Constitutional Law in Greater China
Routledge

Routledge Handbook of Constitutional Law in Greater China

Ngoc Son Bui; Stuart Hargreaves; Ryan Mitchell
HKD 2,774.20
Law and Philosophical Theory: Critical Intersections
Rowman & Littlefield

Law and Philosophical Theory: Critical Intersections

Thanos Zartaloudis
HKD 1,064.00
A Manifesto for Ombudsman Reform
Springer-Verlag

A Manifesto for Ombudsman Reform

Richard Kirkham; Chris Gill
HKD 731.00
Embracing Vulnerability: The Challenges and Implications for Law
Routledge

Embracing Vulnerability: The Challenges and Implications for Law

Daniel Bedford; Jonathan Herring
HKD 567.32