By Kavanagh

lower than the Human Rights Act, British courts are for the 1st time empowered to check basic laws for compliance with a codified set of primary rights. during this booklet, Aileen Kavanagh argues that the HRA supplies judges powerful powers of constitutional evaluate, just like these exercised by way of the courts below an entrenched invoice of Rights. the purpose of the publication is to topic the prime case-law below the HRA to serious scrutiny, while final delicate to the deeper constitutional, political and theoretical questions which underpin it. Such questions contain the assumption of judicial deference, the constitutional prestige of the HRA, the main of parliamentary sovereignty and the constitutional department of labour among Parliament and the courts. The publication closes with a sustained defence of the legitimacy of constitutional overview in a democracy, hence offering a strong rejoinder to those that are sceptical approximately judicial energy lower than the HRA.

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