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

Autor Christina Lienen
en Limba Engleză Hardback – 19 apr 2023
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 in-depth 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.
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Specificații

ISBN-13: 9781509948802
ISBN-10: 1509948805
Pagini: 232
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.5 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Presents an historical overview of the developing principle of common law constitutional rights

Notă biografică

Christina Lienen is an Associate Member at Cornerstone Barristers and Assistant Professor of Public Law at the British University in Dubai.

Cuprins

IntroductionPart One: A Third Alternative - The Nuanced Constitution1. An Introduction to the Nuanced Constitution 2. A Closer Look at the Nuanced Constitution Through Four Case StudiesPart Two: Common Law Constitutional Rights3. A Short History of Common Law Constitutional Rights4. The Nature and Characteristics of Common Law Constitutional RightsPart Three: Rights under the Nuanced Constitution5. The Shortcomings of the Nuanced Constitution: Rights Protection, Unlimited Legislative Power and the English Common Law BibliographyIndex