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.
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The Role of Reasonable Adjustment
Produktdetaljer
ISBN
9781847314734
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter