The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives by Roger MastermanThe United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives by Roger Masterman

The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

EditorRoger Masterman, Ian Leigh

Hardcover | April 15, 2013

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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.
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 ...
Title:The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative PerspectivesFormat:HardcoverDimensions:370 pages, 9.21 × 6.14 × 0 inPublished:April 15, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0197265375

ISBN - 13:9780197265376

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Table of Contents

1. Roger Masterman and Ian Leigh: The United Kingdom's Human Rights Project in Constitutional and Comparative PerspectivePart I-The Human Rights Act in Constitutional Perspective2. Gavin Phillipson: The Human Rights Act, Dialogue and Constitutional Principles3. C.R.G. Murray: The Continuation of Politics, by other means: Judicial Dialogue under the Human Rights Act 19984. Aidan O'Neill QC: Back to the Future?: Judges, Politicians and the Constitution in the New ScotlandPart II-Domestic Protections within a European Framework5. Roger Masterman: Deconstructing the Mirror Principle6. Merris Amos: From monologue to dialogue-the relationship between UK courts and the European Court of Human RightsPart III-A Permanent Revolution in Legal Reasoning?7. Sir Jack Beatson: Human Rights and Judicial Technique8. Sir Rabinder Singh: The Impact of the Human Rights Act on AdvocacyPart IV-The Human Rights Act on the International Plane9. Sir Anthony Mason: Human Rights and Legislative Supremacy10. Simon Evans and Julia Watson: Australian Bills of Rights and the "New Commonwealth Model of Constitutionalism"11. Petra Butler: Cross fertilisation of constitutional ideas: The Relationship between the Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990Part V-Amendment, Repeal or a Bill of Rights for the UK?12. Alice Donald: A Bill of Rights for the UK? Lessons from Overseas13. Helen Fenwick: Conservative Anti-HRA Rhetoric, the Bill of Rights "Solution" and the role of the Bill of Rights Commission