By Helen Fenwick, Gavin Phillipson, Roger Masterman

Description

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK’s de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine, not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

• Provides analysis of judicial reasoning on human rights issues across a wide range of areas of substantive law, which will allow readers to trace common and divergent trends in judicial reasoning • It is written by leading experts in the areas of law in question, e.g. Professor Roberts on criminal justice, Professor Leigh on public law and Professor Phillipson on privacy • Illuminates cross-cutting trends in judicial reasoning, thereby exploring the HRA project as a whole, but through the prism of specific analyses of different areas of substantive law

Contents

1. Judicial Reasoning and the Human Rights Act 1998 Helen Fenwick, Roger Masterman and Gavin Phillipson; Part I. The Interpretation of the Human Rights Act 1998: 2. The System of the European Convention on Human Rights and the Human Rights Act: The View from the Outside Colin Warbrick; 3. Aspiration or Foundation? The Status of Strasbourg Jurisprudence and the \\\'Convention Rights\\\' in Domestic Law Roger Masterman; 4. Institutional Roles and Meanings of \\\'Compatibility\\\' under the Human Rights Act 1998 David Feldman; 5. Choosing between Sections 3 and 4 Human Rights Act 1998: Judicial Reasoning after Ghaidan v Mendoza Aileen Kavanagh; 6. Clarity postponed? Horizontal Effect after Campbell and Re. S. Gavin Phillipson; 7. The Standard of Judicial Review and Legal Reasoning after the Human Rights Act Ian Leigh; 8. Principles of Deference under the Human Rights Act Sir David Keene; Part II. The Human Rights Act and Substantive Law: 9. The Common Law, Privacy and the Convention Gavin Phillipson; 10. Judicial Reasoning in Clashing Rights Cases Helen Fenwick; 11. Family Law and the Human Rights Act 1998: Judicial Restraint or Revolution? Sonia Harris-Short; 12. Article 14: A Protector, Not a Prosecutor Aaron Baker; 13. Criminal Procedure, The Presumption of Innocence and Judicial Reasoning under the Human Rights Act Paul Roberts; 14. Concluding remarks Ian Leigh.

Contributors

Helen Fenwick, Roger Masterman, Gavin Phillipson, Colin Warbrick, David Feldman, Aileen Kavanagh, Ian Leigh, Sir David Keene, Sonia Harris-Short, Aaron Baker, Paul Roberts

Published Year: 2007 Format: Hard Back ISBN: 9780521876339 Publisher: Cambridge University Press No of Pages: 484 Our Price: US $ 99.00 Reviews: 0 reivew(s).

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