Constitutional Review under the UK Human Rights Act

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.

Constitutional Review under the UK Human Rights Act

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.

Constitutional Law Administrative Law and Human Rights

Constitutional Law, Administrative Law and Human Rights provides a unique, cross-disciplinary approach to the study of public law.

Constitutional Law  Administrative Law  and Human Rights

Constitutional Law, Administrative Law and Human Rights provides a unique, cross-disciplinary approach to the study of public law. Engaging, critical and stimulating, it enables the reader to gain a thorough and fundamental appreciation of the law in its wider context.

Human Rights and the Private Sphere Vol 1

Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of ...

Human Rights and the Private Sphere Vol 1

Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

Accountability in the Contemporary Constitution

This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi ...

Accountability in the Contemporary Constitution

Accountability in the context of constitutional and administrative law is a complex concept. This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi-layered government.

Understanding Human Rights Principles

This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics.

Understanding Human Rights Principles

Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.

Constitutional Review under the UK Human Rights Act

So, at least for legislation enacted pre-HRA, the effect of section 3(1) is more radical than the application of the ... context, one is interpolating into that context a set of constitutional principles (in this case the rights ...

Constitutional Review under the UK Human Rights Act

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.

Unlocking Constitutional Administrative Law

A clear and reliable account of public law, now revised and updated in an attractive new format in which the main points are brought to the fore and complexities explained to help you get to grips with this core component of an ...

Unlocking Constitutional   Administrative Law

A clear and reliable account of public law, now revised and updated in an attractive new format in which the main points are brought to the fore and complexities explained to help you get to grips with this core component of an undergraduate or CPE/GDL law degree.

Human Rights and the Private Sphere

Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of ...

Human Rights and the Private Sphere

Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

The New Commonwealth Model of Constitutionalism

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

The New Commonwealth Model of Constitutionalism

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

The Constitutional Foundations of Judicial Review

This book comprehensively analyses the foundations of judicial review.

The Constitutional Foundations of Judicial Review

This book comprehensively analyses the foundations of judicial review.

Judicial Review Socio Economic Rights and the Human Rights Act

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.

Judicial Review  Socio Economic Rights and the Human Rights Act

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 Changing Constitution

This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments.

The Changing Constitution

This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments. These are considered against a background of general principles, including constitutionalism, parliamentary sovereignty, membership of the EU, and globalisation.

The Foundations and Future of Public Law

In this collection, leading figures in UK and EU public law address this lacuna.

The Foundations and Future of Public Law

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

The Unity of Law

The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

The Unity of Law

Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

Judicial Reasoning under the UK Human Rights Act

Gavin Phillipson argues that this area of reasoning is marked by a judicial failure to engage effectively with the ... the under-theorised approach to the potential impact of the HRA is addressed in the context of the judicial review of ...

Judicial Reasoning under the UK Human Rights Act

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.

Using Human Rights Law in English Courts

This book demonstrates the scope that already exists for using international human rights law in English courts.

Using Human Rights Law in English Courts

This book demonstrates the scope that already exists for using international human rights law in English courts.

Common Law Constitutional Rights

"This book is the first collection of its kind exploring common law constitutional rights.

Common Law Constitutional Rights

"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"--

Crown Powers Subjects and Citizens

This text examines the historical development and the legal and political scope of prerogative powers and Crown immunities as they affect the exercise of rights by citizens and non-citizens.

Crown Powers  Subjects and Citizens

Crucial decisions are often made under the royal prerogative in relation to defence, foreign policy, immigration, the secret services and the management of the Civil Service without prior Parliamentary approval, adequate political accountability or effective judicial review. On this basis, ministers withhold passports, override statutes and legislate in the Council of Ministers of the European Community. This text examines the historical development and the legal and political scope of prerogative powers and Crown immunities as they affect the exercise of rights by citizens and non-citizens. It traces the changing relationship between individual and state, from subjecthood and allegiance to the Crown in a secretive state, to participating in legal and political citizenship in an open society and a widening British and European context. It addresses issues of key importance in the current constitutional debate about political and legal accountability, citizenship and human rights.

Proportionality and the Rule of Law

"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship.

Proportionality and the Rule of Law

"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, and South Africa, as well as the jurisprudence of treaty-based legal systems like the European Court of Human Rights, giving rise to claims of a global model, a received approach, or, simply, the best-practice standard of rights adjudication. Even in the United States, which is widely understood to have formally rejected proportionality, some argue that the various levels of scrutiny adopted by the US SupremeCourt are analogous to the standard questions posed by proportionality. As proportionality scholars are well aware, some of the early literature on balancing and rights is American, with special reference to the First Amendment. Notwithstanding proportionality's popularity, there is no consensus on its methodology. Much less does the use of a proportionality doctrine guarantee consensus on substantive rights questions. What the principle of proportionality promises is a common analytical framework, a framework the significance of which is not in its ubiquity (a mere fact), but because its structure influences (some would say controls) how courts reason to conclusions in many of the great moral and political questions confronting political communities. Asa framework, proportionality analysis is superficially straightforward, setting out four questions in evaluating whether the limitation of a right is justifiable. A serviceable - but by no means canonical"--

Vigilance and Restraint in the Common Law of Judicial Review

Judicial Reasoning Under the UK Human Rights Act (Cambridge University press, 2011) Flood, C. and l. Sossin (eds.), Administrative Law in Context (Emond Montgomery, 2008) Administrative Law in ...

Vigilance and Restraint in the Common Law of Judicial Review

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.