Parliamentary Sovereignty and the Human Rights Act

Alison L Young (University of Cambridge, UK)

Parliamentary Sovereignty and the Human Rights Act
Format
Hardback
Publisher
Bloomsbury Publishing PLC
Country
United Kingdom
Published
5 December 2008
Pages
200
ISBN
9781841138305

Parliamentary Sovereignty and the Human Rights Act

Alison L Young (University of Cambridge, UK)

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 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.

This item is not currently in-stock. It can be ordered online and is expected to ship in approx 2 weeks

Our stock data is updated periodically, and availability may change throughout the day for in-demand items. Please call the relevant shop for the most current stock information. Prices are subject to change without notice.

Sign in or become a Readings Member to add this title to a wishlist.