Common Law Constitutional Rights - by Mark Elliott & Kirsty Hughes (Hardcover)
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<p/><br></br><p><b> About the Book </b></p></br></br>"This book is the first collection of its kind exploring common law constitutional rights. It offers a detailed and comparative analysis of the content and role of individual common law constitutional rights in judicial decision-making; and a series of essays offering a range of perspectives on the constitutional significance and rights implications of this development. There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights. Indeed various members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. This shift in legal reasoning has created a sense amongst both scholars and the judiciary that something significant is happening here, and was recently described by Lady Hale as 'UK constitutionalism on the march'. This collection brings together leading constitutional scholars to analyse this significant development for the first time"--<p/><br></br><p><b> Book Synopsis </b></p></br></br>There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.<p/><br></br><p><b> About the Author </b></p></br></br>Mark Elliott is Professor of Public Law and Kirsty Hughes is Senior Lecturer in Law, both at the University of Cambridge.
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