Parliamentary sovereignty and the Human Rights Act Alison L. Young.

Format:

Book

Author/Creator:

Young, Alison L., author.

Language:

English

Subjects (All):

Great Britain. Parliament.

Great Britain.

Great Britain. Human Rights Act 1998.

Legislative power--Great Britain.

Legislative power.

Constitutional history--Great Britain.

Constitutional history.

Human rights--Great Britain.

Human rights.

Physical Description:

1 online resource (196 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2009.

Language Note:

English

Summary:

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

Contents:

1 INTRODUCTION

I. Defining Parliamentary Sovereignty: Dicey's Conception

II. The Compatibility of the Human Rights Act 1998 with Dicey's Theory of Parliamentary Sovereignty

III. Sovereignty Explored

IV. In Defence of the Human Rights Act 1998

V. In Defence of Dicey

2 INTERPRETATION AND IMPLIED REPEAL

I. Continuing Parliamentary Legislative Supremacy and the Doctrine of Implied Repeal: the Orthodox Account

II. The Narrow Scope of Implied Repeal

III. How to give Human Rights an 'Entrenchment Effect'

IV. Conclusion

3 REDEFINITION AND THE RULE OF RECOGNITION

I. Continuing and Self-embracing Parliamentary Legislative Supremacy

II. Manner and Form and Redefinition

III. Methods of Entrenchment

4 DEMOCRACY AND RIGHTS

I. Dicey and Democracy

II. Constitutional Rights

III. Democratic Dialogue

5 DEMOCRATIC DIALOGUE AND THE HUMAN RIGHTS ACT 1998

I. Models of Dialogue

II. Justification of Democratic Dialogue

III. Justifications of the Human Rights Act 1998

IV. Dialogue and Institutional Competences

V. Towards a Theory of Adjudication

VI. Conclusion

6 A THEORY OF ADJUDICATION

I. The Current Legal Test

II. A New Theory of Adjudication

III. Conclusion

7 CONCLUSION

I. A Modest Defence of Continuing Parliamentary Legislative Supremacy

II. Conclusion

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9786612118975

9781472560360

1472560361

9781282118973

1282118978

9781847314734

1847314732

OCLC:

567999166