Shaped by the Nuanced Constitution: A Critique of Common Law Constitutional Rights

Name: Shaped by the Nuanced Constitution: A Critique of Common Law Constitutional Rights
Brand: Hart Publishing
SKU: 9781509948840
Price: 6771.0 INR
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by Christina Lienen

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ISBN13: 9781509948840
Binding: Paperback
Subject: N/A
Publisher: Hart Publishing
Publisher Imprint: Hart Publishing
Publication Date: October 17, 2024
Pages: 272
Original Price: USD 58.95
Language: English
Edition: N/A
Item Weight: 454 grams
BISAC Subject(s): Constitutional, Human Rights, and Jurisprudence

About The Book

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution.

Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience.

In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

About The Author

Lienen, Christina: - Christina Lienen is an Associate Member at Cornerstone Barristers and Assistant Professor of Public Law at the British University in Dubai.

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