Skip to main content

Research Repository

Advanced Search

A Common Law Resurgence in Rights Protection?

Masterman, Roger; Wheatle, Se-shauna

A Common Law Resurgence in Rights Protection? Thumbnail


Authors



Abstract

Following a period of relative dormancy, the UK Supreme Court has revitalised the notion that the common law might provide effective protection for human rights. In Osborn v Parole Board , Kennedy v Information Commissioner and A v BBC the Supreme Court has provided support for the suggestion that the common law—and not the jurisprudence of the European Court of Human Rights—should be the primary source of legal authority for a domestic court considering an issue of individual rights. This piece traces this resurgence of common law rights reasoning, and assesses the nature of the primacy it seeks to accord to the common law.

Citation

Masterman, R., & Wheatle, S. (2015). A Common Law Resurgence in Rights Protection?. European Human Rights Law Review, 2015(1), 57-65

Journal Article Type Article
Acceptance Date Dec 7, 2014
Online Publication Date Jan 7, 2015
Publication Date Jan 1, 2015
Deposit Date Dec 10, 2014
Publicly Available Date Mar 28, 2024
Journal European Human Rights Law Review
Print ISSN 1361-1526
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 2015
Issue 1
Pages 57-65
Keywords Common law, Human rights.
Publisher URL http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=388&productid=6823

Files





You might also like



Downloadable Citations