As indicated in the introduction, The United Kingdomâs Statutory Bill of Rights: Constitutional and Comparative Perspectives 'make[s] a significant contribution to assessing the lasting impact of the United Kingdomâs human rights project, and towards shaping the nature of the debates yet to come'.

Kasey L. McCall-Smith, Human Rights Law Review

By providing enforceable remedies for breaches of Convention Rights in domestic courts, and in allowing judges to scrutinise parliamentary legislation on human rights grounds, the United Kingdom's Human Rights Act 1998 marked a sea-change in the relationships between the individual and the state, and between the courts and the political branches of government, as they had been traditionally understood. Despite the undeniable practical importance of the Human Rights Act, widespread political and popular scepticism over the nature of rights adjudication and the relationship between human rights laws and-for instance-measures designed to combat terrorism and crime, has prevented the Human Rights Act from being seen as an established and essential part of our constitutional structures. This uncertainty has not however prevented the Human Rights Act from exerting significant constitutional influence within the United Kingdom, within the framework provided by the European Convention and European Court of Human Rights, and beyond. This edited collection of essays therefore seeks to chart the lasting constitutional impact of the Human Rights Act at a point when its political future is far from assured. To that end, chapters examine the relationships between the Human Rights Act and domestic constitutional doctrine, with the Convention's enforcement bodies at Strasbourg and with statutory bills of rights in other common law jurisdictions. Further, the collection goes on to examine the permanence of changes initiated in domestic legal reasoning and process-including to judicial technique and in advocacy-before finally turning to examine how the experience of the Human Rights Act might influence the future development of a Bill of Rights for the United Kingdom.
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This book examines the effects of the Human Rights Act on the constitutional landscape, its effect on constitutional doctrine, and the reasoning used by judges in giving it effect. The authors study the Act's relationship with other bills of rights and how the Human Rights Act experience can inform the debate over a UK Bill of Rights.
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PART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE; PART II-DOMESTIC PROTECTIONS WITHIN A EUROPEAN FRAMEWORK; PART III-A PERMANENT REVOLUTION IN LEGAL REASONING?; PART IV-THE HUMAN RIGHTS ACT ON THE INTERNATIONAL PLANE; PART V-AMENDMENT, REPEAL OR A BILL OF RIGHTS FOR THE UK?
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Chapters by leading scholars and practitioners Focus on the constitutional effects of the HRA (as opposed to discrete examinations of its provisions, or substantive protections) Examination of the ongoing Bill of Rights debate Mainly of relevance to the UK, but also the UK's areas of influence, e.g. Australia and New Zealand
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Roger Masterman is Reader in Law at Durham Law School and Co-Director of the Human Rights Centre. Ian Leigh is Professor of Law at Durham University. He is a member of the Durham Human Rights Centre and the Durham Global Security Institute. He has taught at several UK universities and held visiting appointments at the universities of Otago, Florida, Virginia, Melbourne and at Osgoode Hall Law School.
Les mer
Chapters by leading scholars and practitioners Focus on the constitutional effects of the HRA (as opposed to discrete examinations of its provisions, or substantive protections) Examination of the ongoing Bill of Rights debate Mainly of relevance to the UK, but also the UK's areas of influence, e.g. Australia and New Zealand
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Produktdetaljer

ISBN
9780197265376
Publisert
2013
Utgiver
Vendor
Oxford University Press
Vekt
760 gr
Høyde
241 mm
Bredde
185 mm
Dybde
29 mm
Aldersnivå
UU, UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
370

Biographical note

Roger Masterman is Reader in Law at Durham Law School and Co-Director of the Human Rights Centre. Ian Leigh is Professor of Law at Durham University. He is a member of the Durham Human Rights Centre and the Durham Global Security Institute. He has taught at several UK universities and held visiting appointments at the universities of Otago, Florida, Virginia, Melbourne and at Osgoode Hall Law School.