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E-book
Author Elliott, Mark

Title Common Law Constitutional Rights
Published London : Bloomsbury Publishing Plc, 2020

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Description 1 online resource (351 pages)
Contents Intro -- Foreword -- Table of Contents -- List of Contributors -- 1. The Nature and Role of Common Law Constitutional Rights -- I. Common Law Constitutional Rights on the Agenda -- II. Themes -- III. Structure of the Book -- IV. Concluding Remarks -- PART I. THE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS -- 2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity -- I. Introduction -- II. Conceptual Starting Points: Rights as Distinct from Values -- III. The Ubiquity, and Fluidity, of Bodily Integrity Protections
IV. Comparing the Common Law and the Convention on the Right to Life and the Right not to be Subjected to Torture or Ill-Treatment -- V. Constitutional Legislation -- VI. Optimism, Mythology, and their Limits -- VII. Normative Force and Resilience -- VIII. Looking Outward and the Threat of Insularity -- IX. Conclusion -- 3. Access to Justice: From Judicial Empowerment to Public Empowerment -- I. Introduction -- II. The Normative Value of Access to Justice -- III. Institutional Rationales and the Role of the Judiciary -- IV. Beyond Judicial Empowerment to Public Empowerment
v. Realism and the Need for Positive Action -- VI. Status-based Exclusion and Access to Justice -- VII. Conclusion -- 4. A Constitutional Right to Property? -- I. Introduction -- II. Parliament and a Right to Property -- III. The Courts and a Right to Property -- IV. Property and Repeal of the Human Rights Act -- V. Conclusion -- 5. A Common Law Constitutional Right to Privacy -- Waiting for Godot? -- I. Introduction -- II. Privacy and the Common Law Prior to the Human Rights Act 1998 -- III. Are there Any Signs of a Constitutional Common Law Right to Privacy Emerging Post-HRA?
IV. How could a Constitutional Common Law Right to Privacy Come into Existence? -- V. Any Constitutional Common Law Right to Privacy it is Likely to be Weaker than the Convention Right -- VI. Conclusion -- 6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution -- I. Free Speech and the Vote as Fundamental Constitutional Rights -- II. Freedom of Speech and the Common Law -- III. The Right to Vote and the Common Law -- IV. Conclusion -- 7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association -- I. Introduction
II. A Six-Fold Taxonomy -- III. Freedom of Association at Common Law -- IV. Freedom of Assembly and the Common Law -- V. Conclusion -- 8. Equality: A Core Common Law Principle, or 'Mere' Rationality? -- I. The Equality Principle Disaggregated: Equality of Status and its Formal/Substantive Aspects -- II. The Constitutional Status of Equality -- III. The Case for Recognising the Existence of the Equality Principle within the Common Law -- IV. The Current Status of Equality within the Common Law -- V.A Critical Analysis of the Status of Equality within the Common Law
VI. Conclusion -- Time to Think Again
Notes Print version record
Subject Constitutional law -- Great Britain.
Common law -- England
Common law
Constitutional law
England
Great Britain
Form Electronic book
Author Hughes, Kirsty
ISBN 1509906878
9781509906871