Shaped by the Nuanced Constitution: A Critique of Common Law Constitutional Rights

Author: Christina Lienen
Publisher: Hart Publishing
ISBN: 9781509948802

Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509948840

List Price: HKD 1,170.00

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Description
Contents

Details

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 indepth 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.

Introduction

Part 1

1. An Introduction to the Nuanced Constitution

2. A Closer Look at the Nuanced Constitution Through Four Case Studies

Part 2

3. A Short History of Common Law Constitutional Rights

4. The Nature and Characteristics of Common Law Constitutional Rights

Part 3

5. The Shortcomings of the Nuanced Constitution: Rights Protection, Unlimited Legislative Power and the English Common Law

Bibliography

Index