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Judicial review and parliamentary debate: enriching the doctrine of due deference

Abstract:

Recent cases in the European Court of Human Rights have placed greater emphasis on the quality of legislative debate when determining whether to apply the margin of appreciation to the decisions of member States. This paper explores how courts in general might go about assessing the quality of legislative debate about rights, and presents a set of criteria against which such debate can be assessed. While pushing at the boundaries of constitutional orthodoxy, this paper looks ahead to a fram...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Role:
Author

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Role:
Editor
Role:
Editor
Role:
Editor
Publisher:
Hart Publishing Publisher's website
Host title:
Parliament and Human Rights: Redressing the Democratic Deficit
Chapter number:
19
Publication date:
2015-01-01
URN:
uuid:2a7ac944-636a-4dc4-8f02-c3f5e06c516e
Source identifiers:
585358
Local pid:
pubs:585358
ISBN:
9781849465618

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