The Politics of the Common Law: Perspectives, Rights, Processes, Institutions

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Refocusing the Common Law for Contemporary Society

This book is an essential read for anyone interested in understanding how the English legal system has evolved over time. It goes beyond the traditional approach of simply describing institutions and instead presents a compelling argument about the principles of human rights and due process that underpin the common law. By exploring the impact of the European Convention and the Human Rights Act, the authors shed light on how these legal frameworks have influenced the structures and ideologies of the common law. Furthermore, the book addresses the role of European Union law in upholding due process and the rule of law. It raises thought-provoking questions about the relationship between economics and justice, and the potential of a revitalized common law to adapt to the complexities of our plural, post-colonial future. Overall, this book offers a fresh perspective on the common law and its relevance in contemporary British democracy.

Note: While we do our best to ensure the accuracy of cover images, ISBNs may at times be reused for different editions of the same title which may hence appear as a different cover.

The Politics of the Common Law: Perspectives, Rights, Processes, Institutions

Regular price
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ISBN: 9780415481533
Publisher: Routledge-Cavendish
Date of Publication: 2008-10-21
Format: Paperback
Goodreads rating: 4.09
(rated by 23 readers)

Description

The Politics of the Common Law is an introduction to the English legal system that places the law in its contemporary context. It is not like other conventional accounts that simply seek to describe institutions and summarise details. The book is a coherent argument, organised around a number of central claims. Can today's common law be characterised as a series of emergent practices that articulate the principles of human rights and due process? The common law is presented as historical experience; the authors present the perspective that we are in the opening of a new chapter. The argument examines the impact of the European Convention on the structures and ideologies of the common law, and suggests that there is now a general jurisprudence of human rights stemming from the Human Rights Act. The Human Rights Act has also led to more pronounced judicial intervention into politics, and is precipitating a debate on the forms that the rule of law should assume in contemporary British democracy. Equally important is the function of European Union law, and the extent to which it is also committed to due process and the rule of law. These themes are read into civil and criminal procedure, and broader concerns about the tensions between the requirements of economics and the demands of justice. Can a revitalised common law address a plural, post-colonial future?
 

Refocusing the Common Law for Contemporary Society

This book is an essential read for anyone interested in understanding how the English legal system has evolved over time. It goes beyond the traditional approach of simply describing institutions and instead presents a compelling argument about the principles of human rights and due process that underpin the common law. By exploring the impact of the European Convention and the Human Rights Act, the authors shed light on how these legal frameworks have influenced the structures and ideologies of the common law. Furthermore, the book addresses the role of European Union law in upholding due process and the rule of law. It raises thought-provoking questions about the relationship between economics and justice, and the potential of a revitalized common law to adapt to the complexities of our plural, post-colonial future. Overall, this book offers a fresh perspective on the common law and its relevance in contemporary British democracy.

Note: While we do our best to ensure the accuracy of cover images, ISBNs may at times be reused for different editions of the same title which may hence appear as a different cover.