Judicial Reasoning under the UK Human Rights Act

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.

Professor Helen Fenwick is Joint Director of the Human Rights Centre and Convenor of the SLS Civil Liberties and Human Rights Group. Gavin Phillipson is Professor of Law at the University of Durham. Roger Masterman is a Lecturer in Law in the Human Rights Centre at the University of Durham.

'[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.' Westlaw UK