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

Full text not available from this repository

Publisher's URL: http://dx.doi.org/10.1111/1468-2230.00413

Abstract

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.

Item Type:Article
Uncontrolled Keywords:Human Rights Act, judicial review, deference, limitation, interpretation
Faculty/Department:Faculty of Business and Law > Department of Law
ID Code:6458
Deposited By: R. Upload account
Deposited On:22 Jan 2010 15:12
Last Modified:24 Mar 2015 11:58

Request a change to this item

Copyright 2013 © UWE better together