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Using numerous topical examples and a clear structure, this third
edition textbook provides an accessible, discursive and scholarly
treatment of the key contemporary issues in UK public law. Drawing
upon their extensive teaching and research experience, Roger
Masterman and Colin Murray offer an engaging account of the key
topics which make up a constitutional and administrative, or
public, law syllabus. Controversial issues and broader debates are
highlighted throughout the text, allowing the reader to develop a
strong understanding of both the application of key topics in the
field and the socio-political context in which the constitution has
developed. This fully revised edition includes detailed analysis of
recent significant cases, the constitutional implications of the
Covid-19 pandemic and a dedicated chapter on the consequences of
Brexit.
What is the purpose of comparative constitutional law? Comparing
constitutions allows us to consider the similarities and
differences in forms of government, and the normative philosophies
behind constitutional choices. Constitutional comparisons offer
'hermeneutic' help: they enable us to see 'our' own constitution
with different eyes and to locate its structural and normative
choices by references to alternatives evident in other
constitutional orders. This Cambridge Companion presents readers
with a succinct yet wide-ranging companion to a modern comparative
constitutional law course, offering a wide-ranging yet concise
introduction to the subject. Its twenty-two chapters are arranged
into five thematic parts: starting with an exploration of the
'theoretical foundations' (Part I) and some important 'historical
experiences' (Part II), it moves on to a discussion of the core
'constitutional principles' (Part III) and 'state institutions'
(Part IV); finally it analyses forms of 'transnational'
constitutionalism (Part V) that have emerged in our 'global' times.
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.
More than five years after the commencement of the Human Rights Act
1998, it is timely to evaluate the Act's effectiveness. The focus
of Making Rights Real is on the extent to which the Act has
delivered on the promise to 'bring rights home'. To that end the
book considers how the judiciary, parliament and the executive have
performed in the new roles that the Human Rights Act requires them
to play and the courts' application of the Act in different legal
spheres. This account cuts through the rhetoric and controversy
surrounding the Act, generated by its champions and detractors
alike, to reach a measured assessment. The true impact in public
law, civil law, criminal law and on anti-terrorism legislation are
each considered. Finally, the book discusses whether we are now
nearer to a new constitutional settlement and to the promised new
'rights culture'.
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 examines the dividing lines between the powers of the
judicial branch of government and those of the executive and
legislative branches in the light of two of the most significant
constitutional reforms of recent years: the Human Rights Act 1998
and Constitutional Reform Act 2005. Both statutes have implications
for the separation of powers within the United Kingdom
constitution. The Human Rights Act brings the judges into much
closer proximity with the decisions of political actors than
previously permitted by the Wednesbury standard of review and the
doctrine of parliamentary sovereignty. While, arguably by contrast,
the Constitutional Reform Act marks the emergence of an
institutionally independent judicial branch. Taken together, the
two legislative schemes form the backbone of a more comprehensive
system of constitutional checks and balances policed by a judicial
branch underpinned by the legitimacy of institutional independence.
For law and politics readers on constitutional reform globally.
What is the purpose of comparative constitutional law? Comparing
constitutions allows us to consider the similarities and
differences in forms of government, and the normative philosophies
behind constitutional choices. Constitutional comparisons offer
'hermeneutic' help: they enable us to see 'our' own constitution
with different eyes and to locate its structural and normative
choices by references to alternatives evident in other
constitutional orders. This Cambridge Companion presents readers
with a succinct yet wide-ranging companion to a modern comparative
constitutional law course, offering a wide-ranging yet concise
introduction to the subject. Its twenty-two chapters are arranged
into five thematic parts: starting with an exploration of the
'theoretical foundations' (Part I) and some important 'historical
experiences' (Part II), it moves on to a discussion of the core
'constitutional principles' (Part III) and 'state institutions'
(Part IV); finally it analyses forms of 'transnational'
constitutionalism (Part V) that have emerged in our 'global' times.
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