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Judicial Reasoning under the UK Human Rights Act is a collection of
essays written by leading experts in the field, which examines
judicial decision-making under the UK??'s de facto Bill of Rights.
The book focuses both on changes in areas of substantive law and
the techniques of judicial reasoning adopted to implement the Act.
The contributors therefore consider first general Convention and
Human Rights Act concepts ??? statutory interpretation, horizontal
effect, judicial review, deference, the reception of Strasbourg
case-law ??? since they arise across all areas of substantive law.
They then proceed to examine, not only the use of such concepts in
particular fields of law (privacy, family law, clashing rights,
discrimination and criminal procedure), but also the modes of
reasoning by which judges seek to bridge the divide between
familiar common law and statutory doctrines and those in the
Convention.
This book interweaves an authoritative authorial commentary -
significantly expanded from the last edition - with extracts from a
diverse and contemporary collection of cases and materials from
three leading academics in the field. It provides an
all-encompassing student guide to constitutional, administrative
and UK human rights law. This fourth edition provides comprehensive
coverage of all recent developments, including the Fixed Term
Parliaments Act 2011, restrictions on judicial review (Criminal
Justice and Courts Act 2015), changes to judicial appointments
(Crime and Courts Act 2013), the 2014 Scottish Independence
Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent
devolution cases in the Supreme Court, including Imperial Tobacco
(2012) and Asbestos Diseases (2015) are fully analysed, as is the
2015 introduction of English Votes for English Laws. The remarkable
Evans (2015) 'Black Spider memos' case is considered in a number of
chapters. The common law rights resurgence seen in Osborn (2013),
BBC (2014) and Kennedy (2014) is analysed in several places, along
with other key developments in judicial review such as Keyu (2015)
and Pham (2015). Ongoing parliamentary reform in both Lords and
Commons, including major advances in controlling prerogative
powers, are fully explained, as is the adaptation of the core
Executive to Coalition Government (2010-2015). There is
comprehensive coverage of key Strasbourg and HRA cases (Horncastle
(2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and
those in core areas of freedom of expression, police powers and
public order (Animal Defenders (2013), Beghal (2015), Roberts
(2015), Miranda (2016)) and the prisoners' voting rights saga, up
to Chester (2015).
Judicial Reasoning under the UK Human Rights Act is a collection of
essays written by leading experts in the field, which examines
judicial decision-making under the UK's de facto Bill of Rights.
The book focuses both on changes in areas of substantive law and
the techniques of judicial reasoning adopted to implement the Act.
The contributors therefore consider first general Convention and
Human Rights Act concepts - statutory interpretation, horizontal
effect, judicial review, deference, the reception of Strasbourg
case-law - since they arise across all areas of substantive law.
They then proceed to examine not only the use of such concepts in
particular fields of law (privacy, family law, clashing rights,
discrimination and criminal procedure), but also the modes of
reasoning by which judges seek to bridge the divide between
familiar common law and statutory doctrines and those in the
Convention.
Media Freedom under the Human Rights Act provides the most
comprehensive analysis to date of the impact of Article 10 ECHR, as
received through the Human Rights Act 1998, on the substantive law
governing freedom of expression in the media. Fully up to date, the
book provides extensive coverage of crucial recent developments in
this field; these include: the key cases of Ashworth and Punch in
the area of contempt; the ground-breaking privacy decisions in Von
Hannover v Germany and Campbell v MGN; full consideration of
theoretical approaches to explicit speech and blasphemy, including
a detailed critique of Strasbourg case-law in the area; detailed
discussion of the new offence of incitement to religious hatred;
the new scheme for content regulation of broadcasting under the
Communications Act 2003 in the light of Prolife Alliance; a full
survey of recent domestic and Strasbourg caselaw in the areas of
copyright and political defamation, and analysis of the early
impact of the Freedom of Information Act. The authors - both
leading academics in the field - have drawn on significant
comparative decisions to formulate a coherent and provocative
critique of the relationship between media law and freedom of
expression, and suggested principles which make a significant
contribution to the legal discourse surrounding media freedom in
the Human Rights Act era. The result is a book which provides a
scholarly and theoretically informed analysis of this very topical
subject, of interest to those studying at all levels and practising
in this area of law.
This book interweaves an authoritative authorial commentary -
significantly expanded from the last edition - with extracts from a
diverse and contemporary collection of cases and materials from
three leading academics in the field. It provides an
all-encompassing student guide to constitutional, administrative
and UK human rights law. This fourth edition provides comprehensive
coverage of all recent developments, including the Fixed Term
Parliaments Act 2011, restrictions on judicial review (Criminal
Justice and Courts Act 2015), changes to judicial appointments
(Crime and Courts Act 2013), the 2014 Scottish Independence
Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent
devolution cases in the Supreme Court, including Imperial Tobacco
(2012) and Asbestos Diseases (2015) are fully analysed, as is the
2015 introduction of English Votes for English Laws. The remarkable
Evans (2015) 'Black Spider memos' case is considered in a number of
chapters. The common law rights resurgence seen in Osborn (2013),
BBC (2014) and Kennedy (2014) is analysed in several places, along
with other key developments in judicial review such as Keyu (2015)
and Pham (2015). Ongoing parliamentary reform in both Lords and
Commons, including major advances in controlling prerogative
powers, are fully explained, as is the adaptation of the core
Executive to Coalition Government (2010-2015). There is
comprehensive coverage of key Strasbourg and HRA cases (Horncastle
(2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and
those in core areas of freedom of expression, police powers and
public order (Animal Defenders (2013), Beghal (2015), Roberts
(2015), Miranda (2016)) and the prisoners' voting rights saga, up
to Chester (2015).
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