Mark Elliott and Kirsty Hughes (eds), Common Law Constitutional Rights
| DOI | 10.3366/elr.2022.0749 |
| Author | |
| Pages | 137-138 |
| Date | 01 January 2022 |
| Published date | 01 January 2022 |
It was kind of Lord Reed to provide such a warm foreword to this collection of essays, given it seems at times to be almost precision-engineered to rebut one of the most consistent themes within his jurisprudence. Common law constitutional rights have been in vogue for the last half a decade or so due in no small part to Lord Reed's work in the Supreme Court. The Supreme Court has repeatedly, in decisions including
This collection of essays, edited by Mark Elliott and Kirsty Hughes, puts a significant dampener on the high-minded rhetoric of the courts in this area. Broadly speaking the book's essays develop two key problems with a jurisprudence based on common law constitutional rights: (1) common law rights do not, as a rule, provide the same breadth or depth of protection as those enshrined within the Human Rights Act; and (2) the entire concept of common law constitutional rights is under-conceptualised. The first half of...
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