This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It explores the claim that the Act achieved a reconciliation between the protection of rights and democracy.
1. Introduction 2. Literature review 3. Theoretical framework 4. The nature of democracy 5. Constitutional review – a rights-protection pact 6. The classic constitution 7. Human Rights Act and democracy 8. Reasons for compliance: constitutional conventions, atrophication and internationalisation 9. Legitimate breach 10. Conclusions
This series features thought-provoking and original scholarship on constitutional law and theory. Books explore key topics, themes and questions in the field with a particular emphasis on comparative studies. Where relevant, titles will engage with political and social theory, philosophy and history in order to offer a rounded analysis of constitutions and constitutional law.