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Human Rights and the United Kingdom Supreme Court (Hardcover)
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Human Rights and the United Kingdom Supreme Court (Hardcover)
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How does the UK Supreme Court approach human rights law? This book
presents the first comprehensive overview of the human rights
jurisprudence of the Court, analysing the opinions expressed by the
current Justices and their predecessors, both judicially and
extra-judicially. It criticizes the judges for not developing the
common law in a way which supplements the Human Rights Act, for not
making imaginative enough use of that Act, and for adopting an
attitude to Convention rights which is often out of step with the
jurisprudence of the European Court of Human Rights in Strasbourg.
After setting the scene by explaining the constraints which are
placed on the Supreme Court Justices, the book considers how human
rights are conceptualized by the Court in general and how in
particular the procedural questions thrown up by the Human Rights
Act have been dealt with so far. It then examines on a
right-by-right basis the Justices' position on all the Convention
rights and those additional international human rights standards
which have been incorporated into UK law. Focusing on the views
expressed by individual judges, the book details the many
differences of opinion which have come to light and characterizes
the prevailing positions, before attempting to predict what stance
may be adopted in future on new issues. The book offers an
invaluable resource for any practitioners bringing human rights
cases before the Court, and its critical arguments on the state of
UK human rights law will be essential reading for all academics
working in European human rights law.
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