Shaped by the Nuanced Constitution: A Critique of Common Law Constitutional Rights

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Dr Christina Lienen

Shaped by the Nuanced Constitution

A Critique of Common Law Constitutional Rights

Dr Christina Lienen

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English

Hart Publishing
17 October 2024

Human rights; Jurisprudence & philosophy of law; Constitutional & administrative law

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution.

Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a ‘nuanced’ constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience.

In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

By: Dr Christina Lienen
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509948840
ISBN 10: 1509948848
Pages: 232
Publication Date: 17 October 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction Part One: A Third Alternative - The Nuanced Constitution 1. An Introduction to the Nuanced Constitution 2. A Closer Look at the Nuanced Constitution Through Four Case Studies Part Two: Common Law Constitutional Rights 3. A Short History of Common Law Constitutional Rights 4. The Nature and Characteristics of Common Law Constitutional Rights Part Three: Rights under the Nuanced Constitution 5. The Shortcomings of the Nuanced Constitution: Rights Protection, Unlimited Legislative Power and the English Common Law Bibliography Index

Christina Lienen is an Associate Member at Cornerstone Barristers and Assistant Professor of Public Law at the British University in Dubai.