Taking Rights – and Parliament – Seriously

15 Sep

David Mead (UEA) has contributed a very thoughtful post to the UK Constitutional Law Group on the relationship between the Courts and Parliament in the light of the Human Rights Act 1998 – with implications for the validity of the ‘dialogue’ model beloved of Judges and academics (but possibly not politicians). I have read quite opposite statements about the relationship between Canadian Supreme Court strikedowns and Parliamentary overrides – viz. that in practice it is a US-style monologue – but Mr Mead very helpfully provides links to many other studies, so the matter can be verified from them. Those who consider democracy important (that it is or should be more than, say, a periodic confirmation that the masses are beginning to acquire the prejudices of their betters – I speak ironically) will be relieved by Mr Mead’s citations. For everyone interested in Human Rights Law (which should be 4 words too many) this is a must-read piece.

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