Lancaster EPrints

Extra-constitutionalism, the Human Rights Act and the Labour 'Rebels' : applying Prof. Tushnet's theories in the UK.

Davis, Feargal (2006) Extra-constitutionalism, the Human Rights Act and the Labour 'Rebels' : applying Prof. Tushnet's theories in the UK. Web Journal of Current Legal Issues (4). ISSN 1360-1326

Full text not available from this repository.

Abstract

The control of executive power during periods of emergency is important but complicated. One key problem arises from the need to guarantee that the executive does not abuse its power at a time when there can be considerable pressure to act, while at the same time ensuring that the courts do not prevent the executive from maintaining the security of the state. This article aims to examine Prof Mark Tushnet’s emerging theory of extra-constitutionalism and apply it to the UK. The article will consider the response of the UK government to judicial criticism of its anti-terror legislation in light of s.4 of the Human Rights Act, 1998 (HRA). Finally, the feasibility of adopting Tushnet’s proposed control of the executive by the legislature and public will be discussed. In particular consideration will be given to the effectiveness of such non-judicial forms of review within the framework of the UK’s electoral and Parliamentary systems.

Item Type: Article
Journal or Publication Title: Web Journal of Current Legal Issues
Subjects: K Law > K Law (General)
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 26645
Deposited By: Dr Fergal F. Davis
Deposited On: 19 Jun 2009 09:05
Refereed?: Yes
Published?: Published
Last Modified: 09 Apr 2014 20:29
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/26645

Actions (login required)

View Item