Rights and democracy: Essays in UK-Canadian constitutionalism (Law in its social setting)

The increasing judicial and political clamour for the incorporation of the European Convention on Human Rights into domestic law underlies the potential prominence of rights in UK public law. This title addresses the challenges posed by this reform, drawing on experiences of Canada under the Charter of Rights and Freedoms since 1982. In particular, the book considers whether constitutional rights promote or frustrate democracy. Topics covered include the lessons from Canadian jurisprudence on issues such as expression, association and quality, the role of rights in the political process and the impact of rights on constitutional thought and practice in the UK.