Judicial Reasoning under the UK Human Rights Act
1st Edition
Published on 3. March 2011
Book
Paperback/Softback
484 pages
978-0-521-17659-0 (ISBN)
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.
Reviews / Votes
Review of the hardback: '[A] significant asset is the experience and thoroughness of this book's editors, recognised HRA experts Helen Fenwick, Gavin Phillipson and Roger Masterman, each of whom also contributes at least one chapter. ... Each chapter can stand alone as a comprehensive, remarkably current take on HRA case law and the judicial reasoning behind it. ... this book was created to facilitate discussion between academics studying this unique and controversial statute. However, this book also offers such a comprehensive look at the HRA that it could be of value to law students who wish to learn more about the HRA or issues surrounding the United Kingdom's constitution.' Westlaw UK Review of the hardback: 'The value of the book for the practitioner lies in the opportunity to deepen one's thinking about, and understanding of, Convention law. It deserves and demands to be read slowly, savoured and considered carefully and critically. ... [It] will be of great value to anyone who thinks that the title 'human rights lawyer' is more than a synonym for 'one who is paranoid about the State'. ... recommended without reservation or hesitation.' The Journal OnlineMore details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (trade)
Illustrations
Worked examples or Exercises
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 28 mm
Weight
779 gr
ISBN-13
978-0-521-17659-0 (9780521176590)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Helen Fenwick | Gavin Phillipson | Roger Masterman
Judicial Reasoning under the UK Human Rights Act
E-Book
01/2008
1st Edition
Cambridge University Press
€49.99
Available for download
Helen Fenwick | Gavin Phillipson | Roger Masterman
Judicial Reasoning under the UK Human Rights Act
Book
09/2007
Cambridge University Press
€163.60
Shipment within 15-20 days
Persons
Content
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.