Common Law Constitutional Rights
Editat de Mark Elliott, Kirsty Hughesen Limba Engleză Paperback – 29 noi 2023
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Specificații
ISBN-13: 9781509974252
ISBN-10: 1509974253
Pagini: 352
Dimensiuni: 156 x 234 x 24 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1509974253
Pagini: 352
Dimensiuni: 156 x 234 x 24 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
The first edited volume exploring the history and future of common law constitutional rights, an increasingly in vogue topic in constitutional law.
Notă biografică
Mark Elliott is Professor of Public Law and Kirsty Hughes is Senior Lecturer in Law, both at the University of Cambridge.
Cuprins
1. The Nature and Role of Common Law Constitutional Rights Mark Elliott and Kirsty Hughes PART ITHE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity Natasa Mavronicola3. Access to Justice: From Judicial Empowerment to Public Empowerment Se-shauna Wheatle4. A Constitutional Right to Property? Tom Allen5. A Common Law Constitutional Right to Privacy - Waiting for Godot? Kirsty Hughes6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution Jacob Rowbottom7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association Gavin Phillipson8. Equality: A Core Common Law Principle, or 'Mere' Rationality? Colm O'Cinneide PART IITHE ROLE AND POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS9. The Fundamentality of Rights at Common Law Mark Elliott10. Fundamental Common Law Rights and Legislation Alison L Young11. Common Law Constitutional Rights and Executive Action Joanna Bell12. Common Law Constitutional Rights at the Devolved Level Brice Dickson13. The Reach of Common Law Rights Thomas Fairclough
Recenzii
Mark Elliott and Kirsty Hughes have done a marvellous job as editors, both in framing the book's agenda and then, having recruited first class contributors, allowing them to speak for themselves . All the chapters in this book are to be recommended: their capacity to enlighten ranges well beyond the immediate remit into the much wider fields of constitutional and administrative law (and even a little bit of philosophy).
In a time where the Human Rights Act remains under threat from a hostile government, it is right that we take seriously the judiciary's suggestion that the common law can provide the necessary protection of fundamental liberties. While this volume appears sceptical about the law's current ability to do so, each and every essay is a valuable contribution to this debate, which one suspects will continue to rage on for some time.
In a time where the Human Rights Act remains under threat from a hostile government, it is right that we take seriously the judiciary's suggestion that the common law can provide the necessary protection of fundamental liberties. While this volume appears sceptical about the law's current ability to do so, each and every essay is a valuable contribution to this debate, which one suspects will continue to rage on for some time.