Lancaster EPrints

The Human Rights Act and Juridification : saving democracy from law.

Davis, Feargal (2010) The Human Rights Act and Juridification : saving democracy from law. Politics, 30 (2). pp. 91-97. ISSN 0263-3957

Full text not available from this repository.

Abstract

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.

Item Type: Article
Journal or Publication Title: Politics
Subjects: K Law > K Law (General)
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 33430
Deposited By: Dr Fergal F. Davis
Deposited On: 14 May 2010 18:59
Refereed?: Yes
Published?: Published
Last Modified: 09 Apr 2014 21:55
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/33430

Actions (login required)

View Item