When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
Whsmith.co.uk

Bloomsbury Publishing PLC Parliamentary Sovereignty And The Human Rights Act

Whsmith.co.uk

Bloomsbury Publishing PLC Parliamentary Sovereignty And The Human Rights Act

The Human Rights Act 1998 is criticised for providing a weak protection of human rights.The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights.This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment.Nevertheless, it is argued that the current protection should not be strengthened.If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society.This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

from £82.80
Seller: Whsmith.co.uk
By Continuing to use this site you confirm, your consent to us and our partners collecting data from you, using cookies to serve personalised ads, tailoring content to you and optimising the site itself. You can learn more about the collection and use of your data and to change your preferences at any time by seeing our Privacy Policy and Cookie Policy.
Accept