Judicial Reasoning Under the UK Human Rights ACT

A number of commentators have pointed out that the inception of Bills of Rights tends to have the effect, as in Canada, of requiring courts to grapple with justifications for rights and freedoms, taking a more philosophical approach to legal reasoning as they attempt to resolve conflicts between...

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Những tác giả chính: Fenwick, Helen, Masterman, Roger, Gavin, Phillipson
Định dạng: Sách
Ngôn ngữ:English
Được phát hành: Cambridge University Press 2013
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Truy cập trực tuyến:http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35759
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spelling oai:scholar.dlu.edu.vn:DLU123456789-357592014-01-19T23:33:17Z Judicial Reasoning Under the UK Human Rights ACT Fenwick, Helen Masterman, Roger Gavin, Phillipson Judicial Human A number of commentators have pointed out that the inception of Bills of Rights tends to have the effect, as in Canada, of requiring courts to grapple with justifications for rights and freedoms, taking a more philosophical approach to legal reasoning as they attempt to resolve conflicts between individual rights and competing societal and individual interests.1 When countries adopt a document setting out a list of human rights with special constitutional status (‘a Bill of Rights’), the effect on judicial reasoning tends to be dramatic – as it was in Canada when it adopted the Charter of Rights. In 2000, the Human Rights Act came into force – affording the European Convention on Human Rights further effect in domestic law – and, while it does not have the entrenched status of other Bills of Rights, there is agreement that it does have what ‘constitutional’ status UK law allows.2 2013-10-10T02:46:08Z 2013-10-10T02:46:08Z 2007 Book 978-0-511-34133-5 http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35759 en application/pdf Cambridge University Press
institution Thư viện Trường Đại học Đà Lạt
collection Thư viện số
language English
topic Judicial
Human
spellingShingle Judicial
Human
Fenwick, Helen
Masterman, Roger
Gavin, Phillipson
Judicial Reasoning Under the UK Human Rights ACT
description A number of commentators have pointed out that the inception of Bills of Rights tends to have the effect, as in Canada, of requiring courts to grapple with justifications for rights and freedoms, taking a more philosophical approach to legal reasoning as they attempt to resolve conflicts between individual rights and competing societal and individual interests.1 When countries adopt a document setting out a list of human rights with special constitutional status (‘a Bill of Rights’), the effect on judicial reasoning tends to be dramatic – as it was in Canada when it adopted the Charter of Rights. In 2000, the Human Rights Act came into force – affording the European Convention on Human Rights further effect in domestic law – and, while it does not have the entrenched status of other Bills of Rights, there is agreement that it does have what ‘constitutional’ status UK law allows.2
format Book
author Fenwick, Helen
Masterman, Roger
Gavin, Phillipson
author_facet Fenwick, Helen
Masterman, Roger
Gavin, Phillipson
author_sort Fenwick, Helen
title Judicial Reasoning Under the UK Human Rights ACT
title_short Judicial Reasoning Under the UK Human Rights ACT
title_full Judicial Reasoning Under the UK Human Rights ACT
title_fullStr Judicial Reasoning Under the UK Human Rights ACT
title_full_unstemmed Judicial Reasoning Under the UK Human Rights ACT
title_sort judicial reasoning under the uk human rights act
publisher Cambridge University Press
publishDate 2013
url http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35759
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