Judicial Reasoning under the UK Human Rights Act »

Professor Helen Fenwick is Joint Director of the Human Rights Centre and Convenor of the SLS Civil Liberties and Human Rights Group.

Gavin Phillipson is Professor of Law at the University of Durham.

Roger Masterman is a Lecturer in Law in the Human Rights Centre at the University of Durham.

A collection of essays examining the judicial decision-making process under the Human Rights Act 1998.

1. Judicial Reasoning and the Human Rights Act 1998 Helen Fenwick, Roger Masterman and Gavin Phillipson;
Part I. The Interpretation of the Human Rights Act 1998:
2. The System of the European Convention on Human Rights and the Human Rights Act: The View from the Outside Colin Warbrick;
3. Aspiration or Foundation? The Status of Strasbourg Jurisprudence and the 'Convention Rights' in Domestic Law Roger Masterman;
4. Institutional Roles and Meanings of 'Compatibility' under the Human Rights Act 1998 David Feldman;
5. Choosing between Sections 3 and 4 Human Rights Act 1998: Judicial Reasoning after Ghaidan v Mendoza Aileen Kavanagh;
6. Clarity postponed? Horizontal Effect after Campbell and Re. S. Gavin Phillipson;
7. The Standard of Judicial Review and Legal Reasoning after the Human Rights Act Ian Leigh;
8. Principles of Deference under the Human Rights Act Sir David Keene;
Part II. The Human Rights Act and Substantive Law:
9. The Common Law, Privacy and the Convention Gavin Phillipson;
10. Judicial Reasoning in Clashing Rights Cases Helen Fenwick;
11. Family Law and the Human Rights Act 1998: Judicial Restraint or Revolution? Sonia Harris-Short;
12. Article 14: A Protector, Not a Prosecutor Aaron Baker;
13. Criminal Procedure, The Presumption of Innocence and Judicial Reasoning under the Human Rights Act Paul Roberts;
14. Concluding remarks Ian Leigh.