British and Canadian Public Law in Comparative Perspective

Erscheinungsjahr 2022
ISBN: 978-1-5099-4734-8
Verlag: Hart Publishing

Buch, Englisch, 368 Seiten, Paperback, Format (B × H): 154 mm x 232 mm, Gewicht: 460 g

This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada.

Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book.

The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.

Autoren/Hrsg.

Loveland, Ian

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction
Ian Loveland, City, University of London, UK
2. Assisted Dying

Carmen Draghici, City, University of London, UK
3. Voting Rights for Prisoners

Susan Easton, Brunel University, UK

4. Horizontal Effect of Human Rights in the UK and Canada

Nicholas Bamforth, University of Oxford, UK
5. Private Law, Public Law, Libel Law

Ian Loveland, City, University of London, UK
6. Criminalising Pornography

Tara Beattie Durham University, UK and Gavin Phillipson, Bristol University, UK
7. 'Labouring under the Canadian Constitution' Revisited
KD Ewing, Kings' College, London, UK
8. Wearing Religious Symbols

Nicholas Hatzis, City, University of London, UK
9. Raising Children in Accordance with Unorthodox Religious Beliefs

Rachel Taylor, University of Oxford, UK

Über Autor(innen)

Loveland, Ian
Ian Loveland is Professor at City, University of London, UK.

Ian Loveland is Professor of Public Law at City, University of London.