Alison Young's views are the product of many years of research, reflection, and writing on the major issues of constitutional theory and comparative constitutional law that are tackled in great length, depth, and texture in this book. Despite the clarity of her exposition, it is a work of huge complexity and nuance, which promises to reward a more unhurried reading than was the basis for this brief initial assessment. There is little doubt it will generate much erudite commentary in the future.
Dr Asanga Welikala, Jotwell
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation.
The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution.
This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
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Focusing on the protection of rights in the UK, this book establishes a framework for interactions to better protect rights, facilitate deliberation, engage citizens, and provide for checks and balances. It further evaluates how well these values are achieved in the UK constitution now, and in light of a British Bill of Rights and Brexit.
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Introduction
1: The Problem with Control
2: Democratic Dialogue and the Dynamic Approach
3: Redefining Democratic Dialogue
4: Inter-Institutional Interactions
5: From Inter-Institutional Interactions to Democratic Dialogue
6: Democratic Dialogue and the UK Constitution
7: Democratic Dialogue and UK Human Rights Law
8: Dialogue Between Courts
Conclusion
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Provides a novel and complete normative account of democratic dialogue across a range of constitutional systems.
Examines the emerging dialogue between domestic courts and the European Court of Justice and European Court of Human Rights
Gives a complete account of the relationship between the Human Rights Act 1998 and newly emerging protections of human rights through European Union law, as well as the re-emergence of the protection of human rights through the common law
Analyses democratic dialogue in light of the proposed British Bill of Rights and Brexit
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Alison L Young is a fellow and tutor in law at Hertford College, Oxford, and a professor of public law at the University of Oxford. She teaches constitutional law, administrative law, comparative public law, and media law. She has published widely in the field of public law and human rights.
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Provides a novel and complete normative account of democratic dialogue across a range of constitutional systems.
Examines the emerging dialogue between domestic courts and the European Court of Justice and European Court of Human Rights
Gives a complete account of the relationship between the Human Rights Act 1998 and newly emerging protections of human rights through European Union law, as well as the re-emergence of the protection of human rights through the common law
Analyses democratic dialogue in light of the proposed British Bill of Rights and Brexit
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Produktdetaljer
ISBN
9780198783749
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
658 gr
Høyde
240 mm
Bredde
164 mm
Dybde
26 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
326
Forfatter