BIROn - Birkbeck Institutional Research Online

The politics of the common law: perspectives, rights, processes, institutions

Gearey, Adam and Jago, R. and Morrison, W. (2008) The politics of the common law: perspectives, rights, processes, institutions. Abingdon, UK: Routledge. ISBN 9780415481533.

WarningThere is a more recent version of this item available.
Full text not available from this repository.
Official URL: http://www.routledgelaw.com/

Abstract

Book synopsis: 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? Book description from publisher website at: http://www.routledgelaw.com/

Item Type: Book
School or Research Centre: Birkbeck Schools and Research Centres > School of Law
Depositing User: Administrator
Date Deposited: 26 Nov 2009 16:23
Last Modified: 07 Jun 2013 09:30
URI: http://eprints.bbk.ac.uk/id/eprint/881

Available Versions of this Item

Archive Staff Only (login required)

Edit/View Item Edit/View Item