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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
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Shaped by the Nuanced Constitution - A Critique of Common Law Constitutional Rights (Hardcover)
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Shaped by the Nuanced Constitution - A Critique of Common Law Constitutional Rights (Hardcover)
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There is growing judicial, academic and political interest in the
concept of common law constitutional rights. Concurrently,
significant public law judgments, including R (Miller) v The Prime
Minister, R (Begum) v Special Immigration Appeals Commission and R
(Privacy International) v Investigatory Powers Tribunal, continue
to sustain and enrich the academic debate on the nature of the UK
constitution. Bringing these two highly topical themes together,
the book argues, firstly, that neither common law constitutionalism
nor political constitutionalism adequately capture the nature of
public law litigation because neither is fully able to account for
the co-existence and interplay between parliamentary sovereignty
and the rule of law. Advancing the idea of a 'nuanced' constitution
instead, the book then provides an in-depth analysis of common law
constitutional rights, looking at their history, conceptual
foundations, contemporary characteristics, coverage and resilience.
In doing so, this book highlights and re-conceptualises the
dynamics and mechanisms of constitutional law adjudication and
provides the first comprehensive critique of common law
constitutional rights jurisprudence. It is centred around extensive
case law analysis which focuses predominantly on recent Supreme
Court judgments.
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