Judicial Deference under the Human Rights Act
Edwards, R. (2002) Judicial Deference under the Human Rights Act. The Modern Law Review, 65 (6). pp. 859-882. ISSN 0026-7961 Available from: http://eprints.uwe.ac.uk/6458
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Publisher's URL: http://dx.doi.org/10.1111/1468-2230.00413
Judicial deference to the other branches of government has become a common judicial technique in cases arising under the Human Rights Act. The author outlines the current approach of British courts in deciding when to defer, arguing that it is flawed and unprincipled. The author goes on to argue that a principled approach to deference is necessary, and offers examples of when and how courts should defer to the other branches of government when considering constitutional claims.