Using Human Rights Law In English Courts

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Using Human Rights Law in English Courts

This book demonstrates the scope that already exists for using international human rights law in English courts.
Proportionality and Deference Under the UK Human Rights Act

Author: Alan D. P. Brady
language: en
Publisher: Cambridge University Press
Release Date: 2012-05-03
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Constitutional Review under the UK Human Rights Act

Author: Aileen Kavanagh
language: en
Publisher: Cambridge University Press
Release Date: 2009-05-07
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.