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Judicial approaches to the Human Rights Act.

Bonner, D. and Fenwick, H. and Harris-Short, S. R. (2003) 'Judicial approaches to the Human Rights Act.', International and comparative law quarterly., 52 (3). pp. 549-586.


Examines the role of the European Convention on Human Rights 1950 in UK law and analyses the use of the Human Rights Act 1998 in the interpretation of the provisions of UK law said to be in breach of the Convention. Considers, through the use of case law, the constitutional nature of the 1998 Act in the judiciary's interpretation of primary legislation and making of declarations of incompatibility. Focuses on the judicial application of the Act in two areas of law; (1) the conflict between the freedoms of expression and assembly and the needs of public order; and (2) private family law disputes.

Item Type:Article
Additional Information:
Keywords:Family proceedings, Freedom of expression, Freedom of peaceful assembly, Human rights, Public order, Statutory interpretation.
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Record Created:14 Aug 2008
Last Modified:08 Apr 2009 16:31

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