Parliamentary Sovereignty and the Human Rights Act

Human Rights

Parliamentary Sovereignty and the Human Rights Act

By Alison Young
Hart Publishing December 2008

Specifications

ISBN-13
9781841138305
Publisher
Hart Publishing
Publication
December 2008
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 will be 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.

Out of stock
This title is currently unavailable for purchase.
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Save

Recommended

You may also be interested in these books:

More titles from Human Rights

View all
Social Institutions and International Human Rights Law Implementation: Every Organ of Society
Cambridge University Press

Social Institutions and International Human Rights Law Implementation: Every Organ of Society

Julie Fraser
HKD 1,374.49
The Impact of the Convention on the Elimination of All Forms of Discrimination against Women on the Domestic Legislation in Egypt
Brill Nijhoff

The Impact of the Convention on the Elimination of All Forms of Discrimination against Women on the Domestic Legislation in Egypt

Nora Salem
HKD 1,635.90
Human Rights and Cultural Diversity: Core Issues and Cases
Edinburgh University Press

Human Rights and Cultural Diversity: Core Issues and Cases

Andrew Fagan
HKD 362.70
Victims Rights, Human Rights and Criminal Justice
Hart Publishing

Victims Rights, Human Rights and Criminal Justice

Jonathan Doak
HKD 756.47
Islamism, Statehood and Human Rights: A World of Difference
Intersentia Publishers

Islamism, Statehood and Human Rights: A World of Difference

Olufemi Ilesanmi
HKD 824.60
Identity and Emotions at the European Court of Human Rights: A Sentimentalist Analysis of Human Rights Pre-order
Hart Publishing

Identity and Emotions at the European Court of Human Rights: A Sentimentalist Analysis of Human Rights

Yussef Al Tamimi
HKD 1,170.00