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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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PRINTED FROM BRITISH ACADEMY SCHOLARSHIP ONLINE (www.britishacademy.universitypressscholarship.com). (c) Copyright British Academy, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in BASO for personal use.date: 07 April 2020

Human Rights and Judicial Technique

Human Rights and Judicial Technique

Chapter:
(p.163) 7 Human Rights and Judicial Technique
Source:
The United Kingdom's Statutory Bill of Rights
Author(s):

Jack Beatson

Publisher:
British Academy
DOI:10.5871/bacad/9780197265376.003.0007

This chapter assesses changes in judicial approach and technique since the enactment of the Human Rights Act (HRA), and whether they are irreversible. It considers the language of analysis; the significance of terms such as ‘deference’, ‘institutional competence’, and ‘weight’; and the interpretative obligation in s.3 HRA enabling radical re-interpretation, and its relationship with the s.4 power to make declarations of incompatibility. It asks whether the ‘no less, but certainly no more’ than Strasbourg approach, with its need to predict outcomes in Strasbourg, reflects a ‘domestic remedy for breach of international obligations’ view of the HRA, or is an indication of the courts' understanding of their constitutional role and its limits. Finally, it suggests it is important not to sideline or forget the potential of the common law and the continued relevance and importance of traditional common law public law techniques.

Keywords:   Human Rights Act, judicial technique, interpretative obligation, common law technique, deference

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