Democracy and the Human Rights Act

Republican Analysis of Citizen Power

Nonfiction, Reference & Language, Law, Constitutional, Religion & Spirituality, Philosophy, Political
Cover of the book Democracy and the Human Rights Act by Dennis Dixon, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dennis Dixon ISBN: 9781351999953
Publisher: Taylor and Francis Publication: April 28, 2017
Imprint: Routledge Language: English
Author: Dennis Dixon
ISBN: 9781351999953
Publisher: Taylor and Francis
Publication: April 28, 2017
Imprint: Routledge
Language: English

This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear.

The work considers the Act’s effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to ‘remove, reduce or replace’ opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights.

The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear.

The work considers the Act’s effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to ‘remove, reduce or replace’ opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights.

The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.

More books from Taylor and Francis

Cover of the book The Politics of Belonging in India by Dennis Dixon
Cover of the book Family Therapy by Dennis Dixon
Cover of the book The Routledge Companion to Feminist Philosophy by Dennis Dixon
Cover of the book Agriculture, Biodiversity and Markets by Dennis Dixon
Cover of the book Peripheral Visions of Economic Development by Dennis Dixon
Cover of the book Political Violence and Kurds in Turkey by Dennis Dixon
Cover of the book War, Agriculture, and Food by Dennis Dixon
Cover of the book Being an E-learner in Health and Social Care by Dennis Dixon
Cover of the book Modernity, Medicine and Health by Dennis Dixon
Cover of the book Social Inclusion and Usability of ICT-enabled Services. by Dennis Dixon
Cover of the book Family Influences on Childhood Behavior and Development by Dennis Dixon
Cover of the book The Moral Philosophy of Management: From Quesnay to Keynes by Dennis Dixon
Cover of the book Public Relations, Activism, and Social Change by Dennis Dixon
Cover of the book Conflict, Terrorism and the Media in Asia by Dennis Dixon
Cover of the book Higher Education Re-formed by Dennis Dixon
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy