It is remarkable that 10 years after the Human Rights Act came into
effect, and with further reform possible, there are still no clear
answers to basic questions about the relationship between the Human
Rights Act, human rights principles and the common law. Such basic
questions include: what is the Human Rights Act? What is the
relationship between human rights principles and common law
doctrines in public law? Do traditional public law principles need
to be replaced? How has the Human Rights Act altered the
constitutional relationship between the courts, government and
Parliament in the UK? Public Law After the Human Rights Act
proposes answers to these questions. Unlike other books on the
Human Rights Act, the book looks beyond the Human Rights Act itself
to its effect on public law as a whole. The book articulates in
novel ways the relationship between the Act and administrative and
constitutional law. It suggests that the Human Rights Act has built
on the common law constitution. The discussion focuses on core
topics in modern public law, including, the constitutional status
of the Human Rights Act; the relationship between human rights and
the common law; the Human Rights Act's effect on central doctrines
of public law such as reasonableness, proportionality and process
review; the structure of public law in the human rights era;
derogation and emergencies; and the right of access to a court.
General
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