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Author:   Alison L Young (University of Cambridge, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Edition:   UK ed.
Dimensions:   Width: 15.60cm , Height: 1.60cm , Length: 23.40cm
Weight:   0.466kg
ISBN:  

9781841138305

ISBN 10:   1841138304
Pages:   200
Publication Date:   05 December 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1 INTRODUCTION I. Defining Parliamentary Sovereignty: Dicey's Conception II. The Compatibility of the Human Rights Act 1998 with Dicey's Theory of Parliamentary Sovereignty III. Sovereignty Explored IV. In Defence of the Human Rights Act 1998 V. In Defence of Dicey 2 INTERPRETATION AND IMPLIED REPEAL I. Continuing Parliamentary Legislative Supremacy and the Doctrine of Implied Repeal: the Orthodox Account II. The Narrow Scope of Implied Repeal III. How to give Human Rights an 'Entrenchment Effect' IV. Conclusion 3 REDEFINITION AND THE RULE OF RECOGNITION I. Continuing and Self-embracing Parliamentary Legislative Supremacy II. Manner and Form and Redefinition III. Methods of Entrenchment IV. Conclusion 4 DEMOCRACY AND RIGHTS I. Dicey and Democracy II. Constitutional Rights III. Democratic Dialogue IV. Conclusion 5 DEMOCRATIC DIALOGUE AND THE HUMAN RIGHTS ACT 1998 I. Models of Dialogue II. Justification of Democratic Dialogue III. Justifications of the Human Rights Act 1998 IV. Dialogue and Institutional Competences V. Towards a Theory of Adjudication VI. Conclusion 6 A THEORY OF ADJUDICATION I. The Current Legal Test II. A New Theory of Adjudication III. Conclusion 7 CONCLUSION I. A Modest Defence of Continuing Parliamentary Legislative Supremacy II. Conclusion

Reviews

...the argument Young makes is a coherent and convincing one. Her discussion in chapter five of the sadly under-used theory of democratic dialogue in the context of the HRA is extremely compelling, with an admirable eye for the details of how dialogue would work. C.J.S Knight The Cambridge Law Journal Vol 68 (2) July 2009 ...the book deserves reading (and re-reading) for the detailed analysis of parliamentary sovereignty. Rory O'Connell Law and Politics Book Review Vol 19, No 9, September 2009

Author Information

Alison Young is a Fellow and Tutor in Law at Hertford College, Oxford.

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