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  3. Judicial Reasoning under the UK Human Rights Act
  • Cited by 16
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    • Publisher:
      Cambridge University Press
      Publication date:
      30 October 2009
      06 September 2007
      ISBN:
      9780511493775
      9780521876339
      9780521176590
      DOI:
      https://doi.org/10.1017/CBO9780511493775
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.88kg, 484 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.71kg, 484 Pages
      • Subjects:
      Constitutional and Administrative Law, Law, Legal Philosophy, Philosophy
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    Subjects:
    Constitutional and Administrative Law, Law, Legal Philosophy, Philosophy
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    Book description

    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.

    Reviews

    Review of the hardback:'[A] significant asset is the experience and thoroughness of this book's editors, recognised HRA experts Helen Fenwick, Gavin Phillipson and Roger Masterman, each of whom also contributes at least one chapter. … Each chapter can stand alone as a comprehensive, remarkably current take on HRA case law and the judicial reasoning behind it. … this book was created to facilitate discussion between academics studying this unique and controversial statute. However, this book also offers such a comprehensive look at the HRA that it could be of value to law students who wish to learn more about the HRA or issues surrounding the United Kingdom's constitution.'

    Source: Westlaw UK

    Review of the hardback:'The value of the book for the practitioner lies in the opportunity to deepen one's thinking about, and understanding of, Convention law. It deserves and demands to be read slowly, savoured and considered carefully and critically. … [It] will be of great value to anyone who thinks that the title 'human rights lawyer' is more than a synonym for 'one who is paranoid about the State'. … recommended without reservation or hesitation.'

    Source: The Journal Online

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