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

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, includingR (Miller) v The Prime Minister,R (Begum) v Special Immigration Appeals CommissionandR (Privacy International) v Investigatory PowersTribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution.

Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience.

In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

Introduction

Part One: A Third Alternative - The Nuanced Constitution
1. An Introduction to the Nuanced Constitution
2. A Closer Look at the Nuanced Constitution Through Four Case Studies

Part Two: Common Law Constitutional Rights
3. A Short History of Common Law Constitutional Rights
4. The Nals0