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The United Kingdom's Statutory Bill of RightsConstitutional and Comparative Perspectives$
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Roger Masterman and Ian Leigh

Print publication date: 2013

Print ISBN-13: 9780197265376

Published to British Academy Scholarship Online: January 2014

DOI: 10.5871/bacad/9780197265376.001.0001

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The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998

The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998

Chapter:
(p.51) 3 The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998
Source:
The United Kingdom's Statutory Bill of Rights
Author(s):

C. R. G. Murray

Publisher:
British Academy
DOI:10.5871/bacad/9780197265376.003.0003

Much of the judicial-dialogue debate implies that this process was initiated by the Human Rights Act, but developments since its enactment arguably refine the long-established process whereby the courts interact with the other branches of government. For example, when individuals (often supported by pressure groups) pursue rights-based claims they may do so not with the expectation that the courts will uphold their claim, but in the hope that judges will issue a declaration of incompatibility with which they can influence political debate. The Human Rights Act marks an increase in the volume (in both senses of the word) of such dialogue. Judges must now consider their decisions not only regarding their impact upon UK government policy but also with one eye towards ensuring that the European Court of Human Rights upholds their decisions. This chapter examines these efforts, focusing in particular on the growth in ‘protest cases’ before the courts.

Keywords:   Human Rights Act, judicial dialogue, parliamentary privilege, political constitution, protest cases

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