Common Law Constitutional Rights
by Mark Elliott, Kirsty Hughes
1st Edition
Publisher: Bloomsbury Publishing
Book Details
| Print ISBN | 9781509906864 |
| eText ISBN | 9781509906871 |
| Publisher | Bloomsbury Publishing |
| Publishing Year | 2020 |
| Edition | 1st Edition |
| Language | English |
| Pages | 352 |
Common Law Constitutional Rights, 1st Edition, is an academic anthology exploring the role of common law protections in the United Kingdom. It examines a judicial shift within the UK Supreme Court, where senior judges have asserted the primacy of common law rights over arguments rooted primarily in the Human Rights Act 1998.
The volume investigates both the content of individual rights and their broader constitutional significance. Topics include core protections such as access to justice, alongside political freedoms, personal interests, and the legal status of equality.
As the first collection to systematically analyze specific common law rights alongside their structural implications, the book reviews a trend famously described by Lady Hale as UK constitutionalism on the march.
Table of Contents
Chapter 1: The Nature and Role of Common Law Constitutional Rights
Chapter 2: The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity
Chapter 3: Access to Justice: From Judicial Empowerment to Public Empowerment
Chapter 4: A Constitutional Right to Property?
Chapter 5: A Common Law Constitutional Right to Privacy – Waiting for Godot?
Chapter 6: Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution
Chapter 7: Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association
Chapter 8: Equality: A Core Common Law Principle, or 'Mere' Rationality?
Chapter 9: The Fundamentality of Rights at Common Law
Chapter 10: Fundamental Common Law Rights and Legislation
Chapter 11: Common Law Constitutional Rights and Executive Action
Chapter 12: Common Law Constitutional Rights at the Devolved Level
Chapter 13: The Reach of Common Law Rights
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