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Vol 22 No 7 July/August 2017

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An Elegant Balance of Rights and Democracy?: Republican Freedom and the Human Rights Act

ISBN13: 9781138242760
Published: May 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00

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This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act's effect on this popular element of the British Constitution.

It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions.

The key question is whether judicial decisions under the Human Rights Act serve to 'remove, reduce or replace' opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it chose to, its ability to do so is at the heart of democracy.

The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory, and comparative constitutional law. While the focus in on the UK HRA, broader theoretical issues of constitutional review will have significant international interest.

Constitutional and Administrative Law, Human Rights and Civil Liberties
Chapter 1 Introduction
Chapter 2 Literature Review
Chapter 3 Theoretical framework
Chapter 4 The Nature of Democracy
Chapter 5 Constitutional Review – A Rights Protection Pact
Chapter 6 The Classic Constitution
Chapter 7 Human Rights Act and Democracy
Chapter 8 Reasons for Compliance: Constitutional Conventions, Atrophication and Internationalisation
Chapter 9 Legitimate Breach
Chapter 10 Conclusions

Series: Routledge Research in Constitutional Law

Constitutional Acceleration within the European Union and Beyond
Edited by: Paul Blokker
ISBN 9781138211070
Published October 2017
Constitution-making and Human Rights in the Sudans ISBN 9781138652613
To be published October 2017
£79.17 + £15.83 VAT
Equal Citizenship, Civil Rights, and the Constitution ISBN 9781138281745
Published November 2016
The Accountability Gap in EU Law ISBN 9781138939318
Published October 2016
The Accountability Gap in EU Law (eBook) ISBN 9781317381075
Published October 2016
£29.16 + £5.83 VAT
Constitutionalism in the Global Realm: A Sociological Approach ISBN 9781138218864
Published August 2016
Equal Citizenship, Civil Rights, and the Constitution ISBN 9781138846807
Published March 2015
Constitutionalism in the Global Realm: A Sociological Approach ISBN 9780415733731
Published April 2014
£33.32 + £6.66 VAT
£33.32 + £6.66 VAT
£33.32 + £6.66 VAT