Under the Human Rights Act, British courts are for the first time
empowered to review primary legislation for compliance with a
codified set of fundamental rights. In this book, Aileen Kavanagh
argues that the HRA gives judges strong powers of constitutional
review, similar to those exercised by the courts under an
entrenched Bill of Rights. The aim of the book is to subject the
leading case-law under the HRA to critical scrutiny, whilst
remaining sensitive to the deeper constitutional, political and
theoretical questions which underpin it. Such questions include the
idea of judicial deference, the constitutional status of the HRA,
the principle of parliamentary sovereignty and the constitutional
division of labour between Parliament and the courts. The book
closes with a sustained defence of the legitimacy of constitutional
review in a democracy, thus providing a powerful rejoinder to those
who are sceptical about judicial power under the HRA.
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