By providing enforceable remedies for breaches of Convention Rights in domestic courts, and in allowing judges to scrutinise parliamentary legislation on human rights grounds, the United Kingdom's Human Rights Act 1998 marked a sea-change in the relationships between the individual and the state, and between the courts and the political branches of government, as they had been traditionally understood. Despite the undeniable practical importance of the Human Rights Act, widespread political and popular scepticism over the nature of rights adjudication and the relationship between human rights laws and-for instance-measures designed to combat terrorism and crime, has prevented the Human Rights Act from being seen as an established and essential part of our constitutional structures. This uncertainty has not however prevented the Human Rights Act from exerting significant constitutional influence within the United Kingdom, within the framework provided by the European Convention and European Court of Human Rights, and beyond. This edited collection of essays therefore seeks to chart the lasting constitutional impact of the Human Rights Act at a point when its political future is far from assured. To that end, chapters examine the relationships between the Human Rights Act and domestic constitutional doctrine, with the Convention's enforcement bodies at Strasbourg and with statutory bills of rights in other common law jurisdictions. Further, the collection goes on to examine the permanence of changes initiated in domestic legal reasoning and process-including to judicial technique and in advocacy-before finally turning to examine how the experience of the Human Rights Act might influence the future development of a Bill of Rights for the United Kingdom.

The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives (Proceedings of the British Academy)

Leigh, Ian

Masterman, Roger

Legal Theory & Systems

British Academy

The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the United Kingdom

This book examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act 1998 and Constitutional Reform Act 2005. Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty. While, arguably by contrast, the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence. For law and politics readers on constitutional reform globally.

Constitutional Law

Cambridge University Press

Constitutional and Administrative Law

Using numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law. Drawing upon their extensive teaching and research experience, Roger Masterman and Colin Murray offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus. Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed. This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.

Murray, Colin

Exploring Constitutional and Administrative Law is the only academic text that addresses head-on some of the issues many students have with the subject, by using engaging features that are both accessible and rigorous. Contemporary case studies engage the reader by highlighting the legal relevance of each topic, before the black letter law, surrounding academic debate and wider political and economic context are introduced. This text is eminently suitable for all undergraduate courses on Constitutional and Administrative Law.

Exploring Constitutional & Administrative Law

Administrative Law

Pearson/Education

More than five years after the commencement of the UK's Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home.' The book considers how the judiciary, Parliament, and the executive in the UK have performed in the new roles that the Human Rights Act requires them to play. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact on public law, civil law, criminal law, and on anti-terrorism legislation are each considered.

Making Rights Real: The Human Rights Act in its First Decade (Human Rights Law in Perspective)

Hart Publishing

See the best price to sell, buy, or rent books by Masterman, Roger. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Masterman, Roger

See the best price to sell, buy, or rent books by Masterman, Roger. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives (Proceedings of the British Academy)

The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the United Kingdom

Constitutional and Administrative Law

Constitutional and Administrative Law

Exploring Constitutional & Administrative Law

Making Rights Real: The Human Rights Act in its First Decade (Human Rights Law in Perspective)