Judicial reasoning under the UK Human Rights Act

An edited collection of essays examining the processes of judicial decision-making under the Human Rights Act 1998.

Focusing on content and process, it considers changes in the substantive law and the new processes of judicial reasoning being adopted.

To this end it considers first general Convention and HRA concepts since they arise across all areas of substantive law; it then proceeds to examine not only the use of such concepts in particular contexts, but also the modes of reasoning adopted as judges seek to straddle the divide between familiar common law and statutory concepts/doctrines and European ones.

While cross-cutting themes emerge, it will also be found that there are interesting variations between substantive areas, due to particular judicial approaches that have - often for historical reasons - become established in such areas.