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Proportionality and Parliamentary Debates: Exploring Some Forbidden Territory

Abstract:

In the case law under the Human Rights Act 1998, the courts often say that they will pay substantial respect to the considered decisions of democratic assemblies. Two questions arise from this. (i) Should a court deciding on the human rights compatibility of legislation inquire into whether the human rights issue has actually been considered during parliamentary debate and, if so, how seriously? (ii) What legal relevance, if any, should such parliamentary consideration have for the judicial a...

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Publication status:
Published

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Publisher copy:
10.1093/ojls/gqu013

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Role:
Author
Publisher:
Oxford University Press
Journal:
OXFORD JOURNAL OF LEGAL STUDIES
Volume:
34
Issue:
3
Pages:
443-479
Publication date:
2014-01-01
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
URN:
uuid:fefa6033-db4a-485c-8a5e-33dc4bed4784
Source identifiers:
484637
Local pid:
pubs:484637

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