Parliamentary Sovereignty and the Human Rights Act
By (author) Alison Young
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Parliamentary Sovereignty and the Human Rights Act by Alison Young
Book DescriptionThe 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.
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Book DetailsISBN: 9781841138305
(234mm x 156mm x 16mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 5-Dec-2008
Country of Publication: United Kingdom
Books By Author Alison Young
Street Art World, Paperback (November 2016)
Based on twenty years of research in the graffiti and street art scenes, Street Art World is the first book to provide a history and context for the words and images that appear in cities all around the world. Inviting the reader into a realm that is usually hidden, it will enthral all those who enjoy this global phenomenon.
Scene of Violence, Paperback (May 2010)
While it is conventional to interpret the practices of law through the institutional sources of the legal tradition, 'Visions of Violence' considers how law and legal practices figure in the cultural field; and, specifically, in film.
Judging the Image, Paperback (October 2004)» View all books by Alison Young
This work extends the cultural turn in legal and criminological studies by interrogating our responses to the image. It provides a space to think through problems of ethics, social authority and the legal imagination.
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Author Biography - Alison Young
Alison Young is a Fellow and Tutor in Law at Hertford College, Oxford.
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