British and Canadian Public Law in Comparative Perspective

This book explores current human rights controversies arising in UK law in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the UK's Human Rights Act by 20 years, and the Supreme Court has produced sophisticated jurisprudence addressing constitutional principles, political controversy, and specific issues such as assisted dying, voting rights for prisoners, religious symbols, parental control, libel actions, pornography, and labor rights. The contributions to this volume provide detailed analyses in a comparative perspective, suggesting that the UK's public law jurisprudence and scholarship could benefit from a closer engagement with Canadian counterparts.

\n Format: Hardback
\n Length: 312 pages
\n Publication date: 20 May 2021
\n Publisher: Bloomsbury Publishing PLC
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This book delves into the current human rights controversies emerging within UK law, drawing valuable insights from Canada's experience. Canada's Charter of Rights, which predates the United Kingdom's Human Rights Act by approximately 20 years, has established a robust body of public law jurisprudence over the past 40 years. In its judgments, the Supreme Court of Canada has addressed fundamental constitutional principles related to issues such as proportionality, the horizontal impact of human rights norms, and the appropriate role of judicial deference to legislative decision-making. The court has also considered specific political controversies, including assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control over their children's upbringing, the regulation of libel actions brought by politicians, pornography, and labor rights.

The contributions to this volume offer comprehensive analyses of these broad and narrow matters from a comparative perspective, advocating for a closer engagement between the United Kingdom's public law jurisprudence and scholarship and their Canadian counterparts. By examining these cases, the book sheds light on the potential benefits of learning from Canada's experiences in addressing human rights challenges and promoting a more inclusive and equitable society.

In conclusion, this book provides a valuable contribution to the study of human rights law and policy, offering insights into the current controversies and challenges facing the UK and Canada. By examining these cases through a comparative lens, it encourages a deeper understanding of the principles and practices that underpin human rights protection and promotes the exchange of ideas and knowledge between different legal systems.

\n Weight: 630g\n
Dimension: 240 x 163 x 25 (mm)\n
ISBN-13: 9781509931095\n \n