Human rights in the UK and the influence of foreign jurisprudence / Hélène Tyrrell.

Format:

Book

Author/Creator:

Tyrrel, Hélène, author.

Series:

Hart studies in comparative public law.

Hart studies in comparative public law

Language:

English

Subjects (All):

Great Britain. Supreme Court.

Great Britain.

Conflict of laws--Great Britain.

Conflict of laws.

Human rights--Great Britain.

Human rights.

International and municipal law--Great Britain.

International and municipal law.

Physical Description:

1 online resource (261 pages)

Other Title:

Human rights in the United Kingdom and the influence of foreign jurisprudence

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

"Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and nonuse of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research methods, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group with some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK"--Bloomsbury Publishing.

Contents:

Research methodology

Legitimacy and authority

The purpose of foreign jurisprudence

Foreign jurisprudence in the UK Supreme Court

Foreign jurisprudence as a heuristic tool

The pursuit of a common enterprise

Instrumental uses of foreign jurisprudence.

Notes:

Includes bibliographical references (pages 216-227) and index.

Description based on print version record and CIP data provided by publisher.

ISBN:

9781509904952

1509904956

9781509904976

1509904972

9781509904969

1509904964

OCLC:

1043953680