Common Law Constitutional Rights

Author: Mark Elliott; Kirsty Hughes
Publisher: Hart Publishing
ISBN: 9781509906864

Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509974252

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Contents

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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.

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