Parliamentary Sovereignty And The Human Rights Act
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Parliamentary Sovereignty And The Human Rights Act
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Author : Alison L Young
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-05
Parliamentary Sovereignty And The Human Rights Act written by Alison L Young and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-05 with Law categories.
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.
Parliamentary Sovereignty And The Human Rights Act
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Author : Alison L. Young
language : en
Publisher:
Release Date : 2008
Parliamentary Sovereignty And The Human Rights Act written by Alison L. Young and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional history categories.
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 interp.
Constitutional Review Under The Uk Human Rights Act
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Author : Aileen Kavanagh
language : en
Publisher: Cambridge University Press
Release Date : 2009-05-07
Constitutional Review Under The Uk Human Rights Act written by Aileen Kavanagh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-07 with Law categories.
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Parliamentary Sovereignty
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Author : Jeffrey Goldsworthy
language : en
Publisher: Cambridge University Press
Release Date : 2010-07-22
Parliamentary Sovereignty written by Jeffrey Goldsworthy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with Law categories.
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
An Introduction To The Study Of The Law Of The Constitution
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Author : A.V. Dicey
language : en
Publisher: Springer
Release Date : 1985-09-30
An Introduction To The Study Of The Law Of The Constitution written by A.V. Dicey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-30 with Social Science categories.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Human Rights For The New Millennium
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Author : Frances Butler
language : en
Publisher: BRILL
Release Date : 2021-10-18
Human Rights For The New Millennium written by Frances Butler and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
The British Institute of Human Rights has long argued the case for incorporation of the European Convention of Human Rights into UK law. But how does the Human Rights Act achieve this and what changes will it make to the legal, social and political landscape? This book analyses the historical and political imperatives behind the new human rights legislation and provides a detailed examination of the interpretative record of the judiciary so far. The mechanics of implementation of the Act are explored in detail: who has rights, who has responsibilities and how these are enforced. There is in-depth analysis of three specific areas affected by the new legislation: criminal justice, equality and employment, and disputes within families. In each case, the potential in the Human Rights Act, assisted by Strasbourg decisions and other international jurisprudence, is tested against the prevailing position under domestic law. Finally, there is reflection on the UK's other international human rights commitments and scrutiny of governmental compliance with them. With contributions from leading human rights lawyers, jurists and thinkers, this book deconstructs the Human Rights Act and explains its meaning and significance.
Critically Examining The Case Against The 1998 Human Rights Act
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Author : Frederick Cowell
language : en
Publisher: Routledge
Release Date : 2017-09-13
Critically Examining The Case Against The 1998 Human Rights Act written by Frederick Cowell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-13 with Law categories.
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.
Legislating For Human Rights
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Author : Jonathan Cooper
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-10-24
Legislating For Human Rights written by Jonathan Cooper and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-24 with Law categories.
An invaluable compendium of the Parliamentary debates on one of the most far reaching pieces of legislation this century – The Human Rights Act 1998. It is essential reading for those taking cases under the Act or interested in the development of human rights. As well as setting out the Government's intention for each section of the Act in an accessible format,this book is also a good read. Key issues include: Pepper v Hart statements on interpretation of the Human Rights Act; Underlying principles of the Human Rights Act
A Culture Of Rights
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Author : Michael James Lacey
language : en
Publisher: Cambridge University Press
Release Date : 1992-11-27
A Culture Of Rights written by Michael James Lacey and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-11-27 with History categories.
The essays in this volume provide insights into the rights thinking and consciousness at the core of American political culture.
Democratic Dialogue And The Constitution
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Author : Alison L. Young
language : en
Publisher: Oxford University Press
Release Date : 2017
Democratic Dialogue And The Constitution written by Alison L. Young and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.