Judicial Reasoning under the UK Human Rights Act - Softcover

Softcover

ISBN 10: 052117659X ISBN 13: 9780521176590

Publisher: Cambridge University Press, 2011

Synopsis

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.

About this title

Book Description

A collection of essays examining judicial decision-making under the Human Rights Act 1998. Focusing on content and process, it considers changes in the substantive law and the new processes of judicial reasoning being adopted. The uses of such concepts are examined, as are the modes of reasoning adopted by judges.

About the Author

Professor Helen Fenwick is Joint Director of the Human Rights Centre and Convenor of the SLS Civil Liberties and Human Rights Group. Gavin Phillipson is Professor of Law at the University of Durham. Roger Masterman is a Lecturer in Law in the Human Rights Centre at the University of Durham.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2011
• Language: English
• ISBN 10: 052117659X
• ISBN 13: 9780521176590
• Binding: Paperback
• Edition number: 1
• Number of pages: 484
• Editor: Fenwick Helen, Phillipson Gavin, Masterman Roger