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 |
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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 |
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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? |
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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 |
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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 |
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VI. Conclusion -- Time to Think Again |
Notes |
Print version record |
Subject |
Constitutional law -- Great Britain.
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Common law -- England
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Common law
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Constitutional law
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England
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Great Britain
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Form |
Electronic book
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Author |
Hughes, Kirsty
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ISBN |
1509906878 |
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9781509906871 |
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