
Published online:
23 March 2017
Published in print:
19 January 2017
Online ISBN:
9780191826450
Print ISBN:
9780198783749
Contents
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I. Human Rights Protections in the United Kingdom I. Human Rights Protections in the United Kingdom
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A. Plethora of protection A. Plethora of protection
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B. A range of inter-institutional interactions B. A range of inter-institutional interactions
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II. Inter-institutional Interactions between the Legislature and the Judiciary II. Inter-institutional Interactions between the Legislature and the Judiciary
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A. Democratic dialogue and the Human Rights Act 1998 A. Democratic dialogue and the Human Rights Act 1998
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(i) Dialogue and sections 3 and 4 of the Human Rights Act 1998 (i) Dialogue and sections 3 and 4 of the Human Rights Act 1998
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(ii) Dialogue and deference (ii) Dialogue and deference
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(iii) Towards a detailed normative framework (iii) Towards a detailed normative framework
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B. Illustration B. Illustration
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(i) How can we best facilitate democratic dialogue under the Human Rights Act 1998 as currently applied? (i) How can we best facilitate democratic dialogue under the Human Rights Act 1998 as currently applied?
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(ii) How would this apply to Nicklinson? (ii) How would this apply to Nicklinson?
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(iii) Analysing the judgments in Nicklinson (iii) Analysing the judgments in Nicklinson
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C. Dialogue and the common law C. Dialogue and the common law
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III. Conclusion III. Conclusion
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Chapter
7 Democratic Dialogue and UK Human Rights Law
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Pages
211–254
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Published:January 2017
Cite
Young, Alison L, 'Democratic Dialogue and UK Human Rights Law', Democratic Dialogue and the Constitution (Oxford , 2017; online edn, Oxford Academic, 23 Mar. 2017), https://doi.org/10.1093/acprof:oso/9780198783749.003.0008, accessed 14 May 2025.
Abstract
The chapter sets out the array of human rights protections in the United Kingdom, examining the protections found in the Human Rights Act 1998, European Union law, and the common law. The chapter also evaluates the way in which these protections of human rights can facilitate democratic dialogue, looking in particular at the relationship between section 3 and section 4 of the Human Rights Act 1998 and deference. It establishes a detailed normative framework of inter-institutional interactions, using the case of Nicklinson in order to evaluate the extent to which the judgments in that case facilitated or hindered democratic dialogue.
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