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Common Law Constitutional Rights

Edited by: Mark Elliott, Kirsty Hughes

ISBN13: 9781509906864
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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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.

Subjects:
Constitutional and Administrative Law
Contents:
1. The Nature and Role of Common Law Constitutional Rights
Mark Elliott and Kirsty Hughes
PART I. THE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS
2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity
Natasa Mavronicola
3. Access to Justice: From Judicial Empowerment to Public Empowerment
Se-shauna Wheatle
4. A Constitutional Right to Property?
Tom Allen
5. A Common Law Constitutional Right to Privacy – Waiting for Godot?
Kirsty Hughes
6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution
Jacob Rowbottom
7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association
Gavin Phillipson
8. Equality: A Core Common Law Principle, or 'Mere' Rationality?
Colm O'Cinneide
PART II. THE ROLE AND POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS
9. The Fundamentality of Rights at Common Law
Mark Elliott
10. Fundamental Common Law Rights and Legislation
Alison L Young
11. Common Law Constitutional Rights and Executive Action
Joanna Bell
12. Common Law Constitutional Rights at the Devolved Level
Brice Dickson
13. The Reach of Common Law Rights
Thomas Fairclough