The Human Rights Act and the doctrine of precedent

@article{Pattinson2015TheHR,
  title={The Human Rights Act and the doctrine of precedent},
  author={Shaun D Pattinson},
  journal={Legal Studies},
  year={2015},
  volume={35},
  pages={142 - 164}
}
Conflicts between domestic precedents and subsequent decisions of the European Court of Human Rights have resulted in the lower courts following prior domestic decisions even when convinced that they will be overruled on appeal. The standard interpretation of the decision of the House of Lords in Kay v Lambeth holds the lower courts to domestic precedents that are manifestly inconsistent with the subsequent Strasbourg jurisprudence and admits only the most limited exception. This paper advances… 

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References

SHOWING 1-10 OF 19 REFERENCES

Follow or lead?: the Human Rights Act and the European Court of Human Rights

Since the Human Rights Act 1998 (HRA) came into force ten years ago a debate has rumbled on about its larger purpose. It was drafted in response to a long-standing campaign for a bill of rights for

A rights-specific approach to section 2 of the Human Rights Act

Discusses the three approaches towards the application of the Human Rights Act 1998 s.2, requiring the courts to take European Court of Human Rights jurisprudence "into account" when determining a

Interpreting Section 2 of the Human Rights Act 1998 ? towards an indigeneous jurisprudence of human rights

Discusses the obligations imposed on the UK courts by the provisions of the Human Rights Act 1998 s.2. Considers: (1) the aims and aspirations behind the Act; (2) the specific s.2 obligation; (3)

Constitutional Review under the UK Human Rights Act

1. Introduction Part I. Questions of Interpretation: 2. Sections 3 and 4 HRA: the early case-law 3. Interpretation after Ghaidan v. Mendoza 4. Section 3(1) as a strong presumption of statutory

THE DIALOGUE BETWEEN UNITED KINGDOM COURTS AND THE EUROPEAN COURT OF HUMAN RIGHTS

  • M. Amos
  • Law
    International and Comparative Law Quarterly
  • 2012
Abstract In this article the scope for dialogue between UK courts and the European Court of Human Rights is considered in theory and in practice. Having demonstrated that meaningful dialogue does

The Nature and Authority of Precedent

Part I. Introduction - The Usable Past: 1. Precedent 2. Positivism and precedent 3. A theory of precedent? Part II. Why Does English Law Have a Doctrine of Precedent?: 4. The formation of a doctrine

Freedom's Law: The Moral Reading of the American Constitution

Introduction: The Moral Reading and the Majoritarian Premise PART I: LIFE, DEATH AND RACE 1. Roe in Danger 2. Verdict Postponed 3. What the Constitution Says 4. Roe was Saved 5. Do We Have a Right to

The Nature and Authority of Precedent by Neil Duxbury

to set out an exhaustive list of ways to decide. But some of those ways are obvious. We might act on our instinct, or deliberate on the reasons supporting different possible decisions, or treat some

The Impact of the UK Human Rights Act on Private Law: Table of statutory instruments

1. Introduction David Hoffman, Gavin Phillipson and Alison Young 2. Mapping horizontal effect Alison Young 3. Public authorities Alex Williams 4. Statute law Jan van Zyl Smit 5. Precedent Alison

Medical Law and Ethics

This interdisciplinary text seeks to advance understanding of medical law by application of a moral and contextual framework initially outlined in the first chapter and, in the process, seeks to