Constitutional Review under the UK Human Rights Act
Autor Aileen Kavanaghen Limba Engleză Paperback – 6 mai 2009
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Specificații
ISBN-13: 9780521682190
ISBN-10: 0521682193
Pagini: 470
Dimensiuni: 151 x 228 x 22 mm
Greutate: 0.74 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom
ISBN-10: 0521682193
Pagini: 470
Dimensiuni: 151 x 228 x 22 mm
Greutate: 0.74 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom
Cuprins
1. Introduction; Part I. Questions of Interpretation: 2. Sections 3 and 4 HRA: the early case-law; 3. Interpretation after Ghaidan v. Mendoza; 4. Section 3(1) as a strong presumption of statutory interpretation; 5. The interplay between s.3 and s.4; 6. The duty of the courts under s.2(1); Part II. Questions of Deference: 7. The nature and grounds of judicial deference; 8. Deference in particular contexts; 9. Proportionality and deference under the Human Rights Act; Part III. Questions of Constitutional Status and Legitimacy: 10. The nature and status of the HRA; 11. Parliamentary sovereignty and the HRA; 12. Justifying constitutional review; 13. Constitutional review and participatory democracy; 14. Conclusion.
Recenzii
'This excellent book should be on the required reading list of every human rights syllabus that aims at getting under the skin of the Human Rights Act (HRA), understanding fully where it fits in Britain's system of government and wrestling with the complexities of terminology, interpretation and proper application to which it has given rise. … an indispensable guide to the first 10 years of the HRA, by the finest scholar of the first generation to have cut their academic teeth on the measure.' Professor Conor Gearty, Public Law
'Aileen Kavanagh's book adds to [the] body of scholarship through a particularly skilful analysis of the methodology that underlies judicial decision-making in terms of the HRA. … her work probably qualifies as the most comprehensive of its kind to date. For this admirable feat the author deserves praise.' European Constitutional Law Review
'Constitutional Review under the UK Human Rights Act is a most significant contribution to the understanding of the exercise of the powers conferred on the judiciary in the United Kingdom by the HRA. It is likely to acquire the status of a book that no serious discussion of human rights law in the United Kingdom, or, for that matter, in Australia, can afford to ignore … it is a remarkable achievement.' The Hon Justice Pamela Tate, Australian Journal of Administrative Law
'In this review, I have managed only to touch upon the wealth of legal analysis, historical scholarship, and philosophical argument contained within Kavanagh's impressive book. Suffice it to say that those who would like to learn something - or a bit more - about the status of constitutionalism outside North American borders and who relish sophisticated, balanced philosophical analysis informed by a thorough understanding of the relevant legal practice would be well advised to read this book.' Professor Wil Waluchow, Constitutional Commentary
'Aileen Kavanagh is now firmly established as one of the United Kingdom's foremost constitutional scholars; she has taken a central role in expounding and justifying the practice of constitutional review described in the title of this book, doctrinally, constitutionally and theoretically … [This is] an excellent book - one that is essential reading for anyone who wants to acquire a serious and sophisticated understanding of constitutional review under the Human Rights Act.' Human Rights Law Review
'Aileen Kavanagh's book adds to [the] body of scholarship through a particularly skilful analysis of the methodology that underlies judicial decision-making in terms of the HRA. … her work probably qualifies as the most comprehensive of its kind to date. For this admirable feat the author deserves praise.' European Constitutional Law Review
'Constitutional Review under the UK Human Rights Act is a most significant contribution to the understanding of the exercise of the powers conferred on the judiciary in the United Kingdom by the HRA. It is likely to acquire the status of a book that no serious discussion of human rights law in the United Kingdom, or, for that matter, in Australia, can afford to ignore … it is a remarkable achievement.' The Hon Justice Pamela Tate, Australian Journal of Administrative Law
'In this review, I have managed only to touch upon the wealth of legal analysis, historical scholarship, and philosophical argument contained within Kavanagh's impressive book. Suffice it to say that those who would like to learn something - or a bit more - about the status of constitutionalism outside North American borders and who relish sophisticated, balanced philosophical analysis informed by a thorough understanding of the relevant legal practice would be well advised to read this book.' Professor Wil Waluchow, Constitutional Commentary
'Aileen Kavanagh is now firmly established as one of the United Kingdom's foremost constitutional scholars; she has taken a central role in expounding and justifying the practice of constitutional review described in the title of this book, doctrinally, constitutionally and theoretically … [This is] an excellent book - one that is essential reading for anyone who wants to acquire a serious and sophisticated understanding of constitutional review under the Human Rights Act.' Human Rights Law Review
Notă biografică
Descriere
Provides a critical and theoretically informed analysis of the leading case-law on the compatibility of primary legislation with the HRA.