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Parliamentary Sovereignty and the Human Rights Act
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
T&T Clark Companion to Nonconformity
Protestant Nonconformity, the umbrella term for Congregationalists, Presbyterians, Baptists, Methodists and Unitarians, belongs specifically to the religious history of England and Wales. Initially the result of both unwillingness to submit to the State's interference in Christian life and a dissatisfaction with the progress of reform in the English Church, Nonconformity has been primarily motivated by theological concern, ecclesial polity, devotion and the nurture of godliness among the members of the church. Alongside such churchly interests, Nonconformity has also made a profound contribution to debates about the role of the State, to family life and education, culture in general, trade and industry, the development of philanthropy and charity, and the development of pacifism. In this volume, for the first time, Nonconformity and the breadth of its activity come under the expert scrutiny of a host of recognised scholars. The result is a detailed and fascinating account of a movement in church history that, while currently in decline, has made an indelible mark on social, political, economic and religious life of the two nations.
Constitutional and Administrative Law
Provides an accessible, discursive, and scholarly treatment of the key contemporary issues in UK Public Law.
