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Common Law Constitutional Rights

Editor(s): Mark Elliott, Kirsty Hughes
Media of Common Law Constitutional Rights
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Published: 16-04-2020
Format: Hardback
Edition: 1st
Extent: 352
ISBN: 9781509906864
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £75.00
 

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Loren Epson

About Common Law Constitutional Rights

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.

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