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The Politics of the Common Law offers a critical introduction to
the legal system of England and Wales. Unlike other conventional
accounts, this revised and updated second edition presents a
coherent argument, organised around the central claim that
contemporary postcolonial common law must be understood as an
articulation of human rights and open justice. The book examines
the impact of the European Convention and European Union law on the
structures and ideologies of the common law and engages with the
politics of the rule of law. These themes are read into normative
accounts of civil and criminal procedure that stress the importance
of due process. The final sections of the book address the reality
of civil and criminal procedure in the light of recent civil unrest
in the UK and the growing privatisation of public services. The
book questions whether it is possible to find a balance between the
requirements of economics and the demands of justice.
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