Judicial Reasoning under the UK Human Rights Act

by Edited by Helen Fenwick , Gavin Phillipson , Roger Masterman

• ISBN13: 9780521176590
• ISBN10: 052117659X
• Edition: 1st
• Format: Paperback
• Copyright: 2011-03-03
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Judicial Reasoning and the Human Rights Act 1998

The Interpretation of the Human Rights Act 1998

The System of the European Convention on Human Rights and the Human Rights Act: The View from the Outside

Aspiration or Foundation? The Status of Strasbourg Jurisprudence and the 'Convention Rights' in Domestic Law

Institutional Roles and Meanings of 'Compatibility' under the Human Rights Act 1998

Choosing between Sections 3 and 4 Human Rights Act 1998: Judicial Reasoning after

Clarity postponed? Horizontal Effect after

The Standard of Judicial Review and Legal Reasoning after the Human Rights Act

Principles of Deference under the Human Rights Act

The Human Rights Act and Substantive Law

The Common Law, Privacy and the Convention

Judicial Reasoning in Clashing Rights Cases

Family Law and the Human Rights Act 1998: Judicial Restraint or Revolution?

Article 14: A Protector, Not a Prosecutor

Criminal Procedure, The Presumption of Innocence and Judicial Reasoning under the Human Rights Act

Concluding remarks

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