Cover; Half-title; Title; Copyright; Dedication; CONTENTS; ACKNOWLEDGEMENTS; 1 Introduction; The Human Rights Act 1998, Parliament and the courts; Aims, Structure and Themes; The scheme of the HRA; The politics of parliamentary debates; PART I Questions of interpretation; 2 Sections 3 and 4 HRA: the early case law; 3 Section 3(1) after Ghaidan v. Mendoza; 4 Section 3(1) as a strong presumption of statutory interpretation; 5 The interplay between sections 3 and 4 HRA; 6 The duty of the courts under section 2; PART II Questions of deference; 7 The nature and grounds of judicial deference
8 Deference in particular contexts9 Proportionality and deference under the HRA; PART III Questions of constitutional legitimacy; 10 The nature and status of the HRA; 11 Parliamentary sovereignty and the HRA; 12 Justifying constitutional review; 13 Constitutional review and participatory democracy; 14 Concluding comments and future directions; BIBLIOGRAPHY; Index
Summary
Provides a critical and theoretically informed analysis of the leading case-law on the compatibility of primary legislation with the HRA