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Human Rights in the UK and the Influence of Foreign Jurisprudence (Hart Studies in Comparative Public Law) (Paperback)

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Description


Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.


Product Details
ISBN: 9781509943869
ISBN-10: 1509943862
Publisher: Hart Publishing
Publication Date: March 25th, 2021
Pages: 264
Language: English
Series: Hart Studies in Comparative Public Law
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Created At: 7/19/2020 08:54am
Last Updated At: 3/28/2021 01:56pm