Judicial Deference under the Human Rights Act

Edwards, Richard

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.

• Journal Article Type: Article
• Publication Date: Nov 1, 2002
• Journal: The Modern Law Review
• Print ISSN: 0026-7961
• Publisher: Wiley
• Peer Reviewed: Not Peer Reviewed
• Volume: 65
• Issue: 6
• Pages: 859-882
• DOI: https://doi.org/10.1111/1468-2230.00413
• Keywords: Human Rights Act, judicial review, deference, limitation, interpretation
• Public URL: https://uwe-repository.worktribe.com/output/1075820
• Publisher URL: http://dx.doi.org/10.1111/1468-2230.00413