Davis, Feargal (2010) The Human Rights Act and Juridification : saving democracy from law. Politics, 30 (2). pp. 91-97. ISSN 0263-3957Full text not available from this repository.
The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and the control of the executive in the UK. The strengthening of democracy through a genuine ‘declaration of incompatibility’ rather than the current de facto judicial strike-down power will be advocated.
|Journal or Publication Title:||Politics|
|Subjects:||K Law > K Law (General)|
|Departments:||Faculty of Arts & Social Sciences > Law School|
|Deposited By:||Dr Fergal F. Davis|
|Deposited On:||14 May 2010 18:59|
|Last Modified:||09 Apr 2014 21:55|
Actions (login required)