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Vol 21 No 10 Oct/Nov 2016

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The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Edited by: Roger Masterman, Ian Leigh

ISBN13: 9780197265376
Published: April 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £75.00



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By providing enforceable remedies for breaches of Convention Rights in domestic courts, and in allowing judges to scrutinise parliamentary legislation on human rights grounds, the United Kingdom's Human Rights Act 1998 marked a sea-change in the relationships between the individual and the state, and between the courts and the political branches of government, as they had been traditionally understood. Despite the undeniable practical importance of the Human Rights Act, widespread political and popular scepticism over the nature of rights adjudication and the relationship between human rights laws and-for instance-measures designed to combat terrorism and crime, has prevented the Human Rights Act from being seen as an established and essential part of our constitutional structures. This uncertainty has not however prevented the Human Rights Act from exerting significant constitutional influence within the United Kingdom, within the framework provided by the European Convention and European Court of Human Rights, and beyond.

This edited collection of essays therefore seeks to chart the lasting constitutional impact of the Human Rights Act at a point when its political future is far from assured. To that end, chapters examine the relationships between the Human Rights Act and domestic constitutional doctrine, with the Convention's enforcement bodies at Strasbourg and with statutory bills of rights in other common law jurisdictions. Further, the collection goes on to examine the permanence of changes initiated in domestic legal reasoning and process-including to judicial technique and in advocacy-before finally turning to examine how the experience of the Human Rights Act might influence the future development of a Bill of Rights for the United Kingdom.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. The United Kingdom's Human Rights Project in Constitutional and Comparative Perspective

PART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE
2. The Human Rights Act, Dialogue and Constitutional Principles
3. The Continuation of Politics, by other means: Judicial Dialogue under the Human Rights Act 1998
4. Back to the Future?: Judges, Politicians and the Constitution in the New Scotland

PART II-DOMESTIC PROTECTIONS WITHIN A EUROPEAN FRAMEWORK
5. Deconstructing the Mirror Principle
6. From monologue to dialogue-the relationship between UK courts and the European Court of Human Rights

PART III-A PERMANENT REVOLUTION IN LEGAL REASONING?
7. Human Rights and Judicial Technique
8. The Impact of the Human Rights Act on Advocacy

PART IV-THE HUMAN RIGHTS ACT ON THE INTERNATIONAL PLANE
9. Human Rights and Legislative Supremacy
10. Australian Bills of Rights and the "New Commonwealth Model of Constitutionalism"
11. Cross fertilisation of constitutional ideas: The Relationship between the Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990

PART V-AMENDMENT, REPEAL OR A BILL OF RIGHTS FOR THE UK?
12. A Bill of Rights for the UK? Lessons from Overseas
13. Conservative Anti-HRA Rhetoric, the Bill of Rights "Solution" and the role of the Bill of Rights Commission