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Constitutional Review under the UK Human Rights Act

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ISBN-10: 0521682193

ISBN-13: 9780521682190

Edition: 2009

Authors: Aileen Kavanagh

List price: $89.95
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Book details

List price: $89.95
Copyright year: 2009
Publisher: Cambridge University Press
Publication date: 5/7/2009
Binding: Paperback
Pages: 470
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 1.628

Larry Scanlon is Associate Professor of English at Rutgers University.Aileen Kavanagh is Reader in Law at the University of Leicester.

Introduction
Questions of Interpretation
Sections 3 and 4 HRA: the early case-law
Interpretation after Ghaidan v. Mendoza
Section 3(1) as a strong presumption of statutory interpretation
The interplay between s.3 and s.4
The duty of the courts under s.2(1)
Questions of Deference
The nature and grounds of judicial deference
Deference in particular contexts
Proportionality and deference under the Human Rights Act
Questions of Constitutional Status and Legitimacy
The nature and status of the HRA
Parliamentary sovereignty and the HRA
Justifying constitutional review
Constitutional review and participatory democracy
Conclusion