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Human Rights and Judicial Technique

Jack Beatson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0007
Subject:
Law, Human Rights and Immigration

This chapter assesses changes in judicial approach and technique since the enactment of the Human Rights Act (HRA), and whether they are irreversible. It considers the language of analysis; the ... More


Deconstructing the Mirror Principle

Roger Masterman

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0005
Subject:
Law, Human Rights and Immigration

The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of ... More


Human Rights and Legislative Supremacy

Anthony Mason

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0009
Subject:
Law, Human Rights and Immigration

This chapter outlines the measures implemented for the protection for human rights available in New Zealand, Australia, and Hong Kong. It examines the influence of jurisprudence from the United ... More


Dialogue and Sub-Constitutional Doctrines

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0005
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter considers how courts in Hong Kong, Malaysia, and Singapore can engage in a collaborative conversation with their respective legislatures on rights-protection. This chapter focuses on the ... More


Constitutional Dialogue in Common Law Asia

Po Jen Yap

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.001.0001
Subject:
Law, Constitutional and Administrative Law, Comparative Law

Constitutional dialogue is a distinct form of institutional interaction whereby the pursuit of legislative goals can be constructively altered, but not foreclosed, by judicial input into the ... More


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