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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