The Human Rights Act and the doctrine of precedent

  title={The Human Rights Act and the doctrine of precedent},
  author={Shaun D Pattinson},
  journal={Legal Studies},
  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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