Constitutional Review under the UK Human Rights Act

Author: Aileen Kavanagh

Publisher: Cambridge University Press

ISBN: 1139488961

Category: Law

Page: N.A

View: 4333

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Judicial Reasoning under the UK Human Rights Act

Author: Helen Fenwick,Gavin Phillipson,Roger Masterman

Publisher: Cambridge University Press

ISBN: 1139466763

Category: Law

Page: N.A

View: 4755

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

Judicial Review, Socio-Economic Rights and the Human Rights Act

Author: Ellie Palmer

Publisher: Bloomsbury Publishing

ISBN: 1847313760

Category: Law

Page: 384

View: 651

In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

The Impact of the UK Human Rights Act on Private Law

Author: David Hoffman

Publisher: Cambridge University Press

ISBN: 1139503200

Category: Political Science

Page: N.A

View: 5440

The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Public Law after the Human Rights Act

Author: Tom Hickman

Publisher: Bloomsbury Publishing

ISBN: 184731581X

Category: Law

Page: 360

View: 2815

It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court.

Vigilance and Restraint in the Common Law of Judicial Review

Author: Dean R. Knight

Publisher: Cambridge University Press

ISBN: 1108117708

Category: Law

Page: N.A

View: 9795

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Human Rights Brought Home

Socio-legal Perspectives on Human Rights in the National Context

Author: Simon Halliday,Patrick Delbert Schmidt

Publisher: Hart Publishing

ISBN: 1841133884

Category: Law

Page: 278

View: 9819

What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, while much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action â?? as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

Rights-Based Constitutional Review

Constitutional Courts in a Changing Landscape

Author: John Bell,Marie-Luce Paris

Publisher: Edward Elgar Publishing

ISBN: 1784717614

Category: Law

Page: 480

View: 3681

Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

Judicial Review and the Constitution

Author: University of Cambridge. Centre for Public Law

Publisher: Hart Publishing

ISBN: 1841131059

Category: Law

Page: 442

View: 4614

This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work, however, the discussion of whether the ultra vires doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of legislative intention and judicial creativity provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodox is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review.

The Law and Parliament

Author: Dawn Oliver,Gavin Drewry

Publisher: Cambridge University Press

ISBN: 9780406980922

Category: Law

Page: 219

View: 6269

The Law and Parliament is a collection of essays by leading constitutional and parliamentary experts on issues that are at the core of current debate about the changing British constitution and the sometimes difficult relationships between government and law. The book deals with matters of intense topical debate including the incorporation of the European Convention on Human Rights and the implications of the Human Rights Act 1998, the establishment of a new Scottish Parliament, ways in which the courts impinge upon the law of Parliament and vice versa and the Nolan Report. It also examines the position of lawyers as members of the two Houses of Parliament and looks at the mechanism through which Parliament obtains legal advice.

The Changing Constitution

Author: Jeffrey L. Jowell,Dawn Oliver,Colm O'Cinneide

Publisher: Oxford University Press, USA

ISBN: 019870982X

Category: Law

Page: 420

View: 4302

Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eighth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Itclarifies the scope of the powers exercised by central, developed and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems. Online Resource Centre: This book is accompanied by an Online Resource Centre which includes a "library" of web links, and a timeline of key dates in British legal and political history.

Der Geist der Gesetze

Author: Charles Louis de Secondat de Montesquieu

Publisher: N.A

ISBN: N.A

Category:

Page: 150

View: 8706

Judicial Review of Commercial Regulation

Author: Jaime Arancibia

Publisher: Oxford University Press

ISBN: 0199609071

Category: Law

Page: 232

View: 8915

Examining the law of judicial review in the context of commercial regulation, this book provides a critical view of British courts' deferential attitude to commercial regulation. It advocates a more intensive form of review based on the principle of proportionality which is more satisfactory in terms of individual justice.

The Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: OUP Oxford

ISBN: 0191668184

Category: Law

Page: 856

View: 4046

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

British Government and the Constitution

Text and Materials

Author: Colin Turpin,Adam Tomkins

Publisher: Cambridge University Press

ISBN: 1139503863

Category: Law

Page: N.A

View: 7675

Like the immensely successful previous edition of this highly respected work, this new edition has been jointly prepared and thorough updated by Colin Turpin and Adam Tomkins. It takes fully into account constitutional developments under the coalition government and examines the most recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. While it includes extensive material and commentary on contemporary constitutional practice, the book covers the historical traditions and the continuity of the British constitution as well as the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a fascinating moment in its ongoing development.

Constitutional Law, Administrative Law, and Human Rights

A Critical Introduction

Author: Ian Loveland

Publisher: Oxford University Press

ISBN: 0198804687

Category: Administrative law

Page: 744

View: 9445

Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context. In addition, it explores the latest ongoing debates around potential constitutional reforms and the author's stimulating style encourages critical analysis. Online resources This book is accompanied by the following online resources: - a fully-integrated online casebook, with edited versions of leading cases and relevant legislation - a selection of mind-maps to help with revision - bonus chapters on the history of the EU - suggested tutorial outlines for lecturers

The Principle of Proportionality in the Laws of Europe

Author: Evelyn Ellis

Publisher: Hart Publishing

ISBN: 1841130079

Category: Law

Page: 187

View: 5834

This book of essays, the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the member states of the EU, and the law of the European Convention on Human Rights.