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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Cambridge University Press
2013
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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 |
_version_ |
1757650398369284096 |