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Judicial Reasoning under the UK Human Rights Act

Edited by: Helen Fenwick

ISBN13: 9780521176590
Published: January 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2007)
Price: £39.99
Hardback edition , ISBN13 9780521876339

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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.

Constitutional and Administrative Law, Human Rights and Civil Liberties
1. Judicial Reasoning and the Human Rights Act 1998 Helen Fenwick, Roger Masterman and Gavin Phillipson

Part I. The Interpretation of the Human Rights Act 1998:
2. The System of the European Convention on Human Rights and the Human Rights Act: The View from the Outside Colin Warbrick
3. Aspiration or Foundation? The Status of Strasbourg Jurisprudence and the 'Convention Rights' in Domestic Law Roger Masterman
4. Institutional Roles and Meanings of 'Compatibility' under the Human Rights Act 1998 David Feldman
5. Choosing between Sections 3 and 4 Human Rights Act 1998: Judicial Reasoning after Ghaidan v Mendoza Aileen Kavanagh
6. Clarity postponed? Horizontal Effect after Campbell and Re. S. Gavin Phillipson
7. The Standard of Judicial Review and Legal Reasoning after the Human Rights Act Ian Leigh
8. Principles of Deference under the Human Rights Act Sir David Keene

Part II. The Human Rights Act and Substantive Law:
9. The Common Law, Privacy and the Convention Gavin Phillipson
10. Judicial Reasoning in Clashing Rights Cases Helen Fenwick
11. Family Law and the Human Rights Act 1998: Judicial Restraint or Revolution? Sonia Harris-Short
12. Article 14: A Protector, Not a Prosecutor Aaron Baker
13. Criminal Procedure, The Presumption of Innocence and Judicial Reasoning under the Human Rights Act Paul Roberts
14. Concluding remarks Ian Leigh.