Description
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 capture 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
Author: Christina Lienen
Publisher: Bloomsbury Publishing PLC
Published: 04/20/2023
Pages: 232
Binding Type: Hardcover
Weight: 1.11lbs
Size: 9.21h x 6.14w x 0.56d
ISBN13: 9781509948802
ISBN10: 1509948805
BISAC Categories:
- Law | Constitutional
- Political Science | Human Rights
- Law | Jurisprudence
Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately capture 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
Author: Christina Lienen
Publisher: Bloomsbury Publishing PLC
Published: 04/20/2023
Pages: 232
Binding Type: Hardcover
Weight: 1.11lbs
Size: 9.21h x 6.14w x 0.56d
ISBN13: 9781509948802
ISBN10: 1509948805
BISAC Categories:
- Law | Constitutional
- Political Science | Human Rights
- Law | Jurisprudence
About the Author
Christina Lienen is a barrister at Cornerstone Barristers, UK and Assistant Professor of Public Law at the British University in Dubai.