This article takes a critical look at classic rights-based theories of the constitution, as exemplified in the UK by common law constitutionalism. Drawing on an analysis of a group of cases decided both before and after the introduction of the Human Rights Act 1998, it is argued that even in...

This article charts the rise of a new, and increasingly influential, theory of public law: common law constitutionalism. The theory can best be seen as a response to a 'crisis' within contemporary public law thought produced by an array of different pressures: Thatcherite reformation of the...