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Judicial Deference under the Human Rights Act

Edwards, Richard

Authors

Richard Edwards



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.

Citation

Edwards, R. (2002). Judicial Deference under the Human Rights Act. Modern Law Review, 65(6), 859-882. https://doi.org/10.1111/1468-2230.00413

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Peer Reviewed Not Peer Reviewed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

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