Constitutional review under the UK Human Rights Act

Law of the United Kingdom and Ireland > England and Wales > KD4080

Edition Details

Creator or Attribution (Responsibility): Aileen Kavanagh
Biografical Information: Aileen Kavanagh is Reader in Law at the University of Leicester.
Language: English
Jurisdiction(s): England
Publication Information: Cambridge, UK ; New York : Cambridge University Press, 2009
Material: Internet resource
Type: Book, Internet Resource
Permalink: https://books.lawi.org.uk/constitutional-review-under-the-uk-human-rights-act/ (Stable identifier)

Short Description

XIII, 455 pages ; 24 cm

Purpose and Intended Audience

Useful for students learning an area of law, Constitutional review under the UK Human Rights Act is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: Aileen Kavanagh.
Publication Date: 2009
Country/State: England
Number of Editions: 12 editions
First edition Date: 2009
Last edition Date: 2009
Languages: British English, Apache languages
Awards: Shortlisted for Peter Birks Prize for Outstanding Legal Scholarship 2009.
Library of Congress Code: KD4080
Dewey Code: 342.41085
ISBN: 9780521761000 052176100X 9780521682190 0521682193 9786612585890 6612585897
OCLC: 299718363

Publisher Description:

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Main Contents

Part I. Questions of Interpretation:
2. Sections 3 and 4 HRA: the early case-law
3. Interpretation after Ghaidan v. Mendoza
4. Section 3(1) as a strong presumption of statutory interpretation
5. The interplay between s.3 and s.4
6. The duty of the courts under s.2(1)
Part II. Questions of Deference:
7. The nature and grounds of judicial deference
8. Deference in particular contexts
9. Proportionality and deference under the Human Rights Act
Part III. Questions of Constitutional Status and Legitimacy:
10. The nature and status of the HRA
11. Parliamentary sovereignty and the HRA
12. Justifying constitutional review
13. Constitutional review and participatory democracy
14. Conclusion.

Summary Note

Provides a critical and theoretically informed analysis of the leading case-law on the compatibility of primary legislation with the HRA.

1. Introduction
Part I. Questions of Interpretation: 2. Sections 3 and 4 HRA: the early case-law
3. Interpretation after Ghaidan v. Mendoza
4. Section 3(1) as a strong presumption of statutory interpretation
5. The interplay between s.3 and s.4
6. The duty of the courts under s.2(1)
Part II. Questions of Deference: 7. The nature and grounds of judicial deference
8. Deference in particular contexts
9. Proportionality and deference under the Human Rights Act
Part III. Questions of Constitutional Status and Legitimacy: 10. The nature and status of the HRA
11. Parliamentary sovereignty and the HRA
12. Justifying constitutional review
13. Constitutional review and participatory democracy
14. Conclusion.

Constitutional review under the UK Human Rights Act

Constitutional review under the UK Human Rights Act