Catalogue


The United Kingdom's statutory Bill of Rights : constitutional and comparative perspectives /
edited by Roger Masterman, & Ian Leigh.
edition
First edition.
imprint
Oxford : Published for the British Academy by Oxford University Press, 2013.
description
ix, 364 p. ; 24 cm.
ISBN
0197265375 (cloth), 9780197265376 (cloth)
format(s)
Book
Holdings
More Details
imprint
Oxford : Published for the British Academy by Oxford University Press, 2013.
isbn
0197265375 (cloth)
9780197265376 (cloth)
contents note
The United Kingdom's Human Rights Project in constitutional and comparative perspective / Roger Masterman and Ian Leigh -- The Human Rights Act, dialogue and constitutional principles / Gavin Phillipson -- The continuation of politics, by other means : judicial dialogue under the Human Rights Act 1998 / C.R.G. Murray -- Back to the future? : judges, politicians and the Constitution in the New Scotland / Aidan O'Neill -- Deconstructing the mirror principle / Roger Masterman -- From monologue to dialogue : the relationship between UK Courts and the European Court of Human Rights / Merris Amos -- Human rights and judicial technique / Jack Beatson -- The impact of the Human Rights Act on advocacy / Babinder Singh -- Human rights and legislative surpremacy / Anthony Mason -- Australian Bills of Rights and the 'New Commonwealth Model of Constitutionalism' / Simon Evans and Julia Watson -- Cross-fertilisation of constitutional ideas : the relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990 / Petra Butler -- A Bill of Rights for the United Kingdom? : lessons from overseas / Alice Donald -- Conservative anti-HRA rhetoric, the Bill of Rights 'solution' and the role of the Bill of Rights Commission / Helen Fenwick.
general note
Papers presented at a conference held at St John's College, Durham University, September 24-25, 2010.
catalogue key
9016649
 
Includes bibliographical references and index.
A Look Inside
Summaries
Long Description
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, widespreadpolitical 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 constitutionalstructures. 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 theHuman 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 andprocess-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.
Main Description
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 thestate, 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 betweenhuman 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 significantconstitutional 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 theConvention'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 - beforefinally 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.
Table of Contents
Notes on Contributorsp. vii
Acknowledgementsp. xi
Synopsisp. xii
The United Kingdom's Human Rights Project in Constitutional and Comparative Perspectivep. 1
The Human Rights Act in Constitutional Perspective
The Human Rights Act, Dialogue and Constitutional Principlesp. 25
The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998p. 51
Back to the Future? Judges, Politicians and the Constitution in the New Scotlandp. 81
Domestic Protections within a European Framework
Deconstructing the Mirror Principlep. 111
From Monologue to Dialogue: The Relationship between UK Courts and the European Court of Human Rightsp. 139
A Permanent Revolution in Legal Reasoning?
Human Rights and Judicial Techniquep. 163
The Impact of the Human Rights Act on Advocacyp. 177
The Human Rights Act on the International Plane
Human Rights and Legislative Supremacyp. 199
Australian Bills of Rights and the 'New Commonwealth Model of Constitutionalism'p. 221
Cross-fertilisation of Constitutional Ideas: The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990p. 251
Amendment, Repeal or a Bill of Rights for the United Kingdom?
A Bill of Rights for the United Kingdom? Lessons from Overseasp. 281
Conservative Anti-HRA Rhetoric, the Bill of Rights 'Solution' and the Role of the Bill of Rights Commissionp. 309
Indexp. 343
Table of Contents provided by Ingram. All Rights Reserved.

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