Cover; Prelims; 1 Introduction; 2 Interpretation and Implied Repeal; 3 Redefinition and the Rule of Recognition; 4 Democracy and Rights; 5 Democratic Dialogue and the Human Rights Act 1998; 6 A Theory Of Adjudication; 7 Conclusion; Index
Summary
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 interp
