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

Description

This book presents an alternative reading of the dynamics of constitutional law adjudication by developing the concept of the “nuanced” constitution. It shows that the study of common law constitutional rights enables a direct exploration of the nature of the UK constitution. There is growing academic interest in the concept of common law constitutional rights, which have been at the centre of several recent ground-breaking UK Supreme Court judgments, such as Unison v Lord Chancellor and Privacy International. Concurrently, other significant public law judgments, such as R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland [2019] UKSC 41 sustain and contribute to the academic debate about the nature of the UK constitution more broadly, which is typically either referred to as political or common law constitutionalist in nature. Drawing on the historical development and the contemporary characteristics of common law constitutional rights, the book considers the way the latter have been negatively impacted by the theoretical ambiguities inherent in the nuanced constitution. It presents a strong and compelling argument that the nuanced constitution - despite the resurgence and increased weight of common law constitutional rights - is unable to adequately protect essential constitutional values. Abandoning the concept of Parliamentary Sovereignty, it sets out a more principled framework for the protection of constitutional rights which is nonetheless distinguishable from common law constitutionalism.

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  Shaped by the Nuanced Constitution: A Critique of Common Law...

  • 2023-04-20
  • 233 pages
  • Ebook
  • Bloomsbury Publishing

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