The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives
Published:
04 April 2013
Online ISBN:
9780191760426
Print ISBN:
9780197265376
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Contents
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Introduction Introduction
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The Origins of the Mirror Principle The Origins of the Mirror Principle
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The Merits of Reflection The Merits of Reflection
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The Constitutional Deficiencies of the Mirror Model The Constitutional Deficiencies of the Mirror Model
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The Practical Inadequacy of the Mirror Model The Practical Inadequacy of the Mirror Model
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The Particular Characteristics of the Strasbourg Jurisprudence The Particular Characteristics of the Strasbourg Jurisprudence
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Unclear Authority and the Mirror Model Unclear Authority and the Mirror Model
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Conflicting Authority and the Mirror Model Conflicting Authority and the Mirror Model
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The Increasing Inaccuracy of the Mirror Metaphor The Increasing Inaccuracy of the Mirror Metaphor
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Limited Authority and the Mirror Model Limited Authority and the Mirror Model
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The Integration of Convention and Common Law The Integration of Convention and Common Law
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The Reasonably Foreseeable Development The Reasonably Foreseeable Development
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Conclusion: The False Premise of the Bill of Rights Debate? Conclusion: The False Premise of the Bill of Rights Debate?
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Chapter
5 Deconstructing the Mirror Principle
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Pages
111–138
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Published:04 April 2013
Cite
Masterman, Roger, 'Deconstructing the Mirror Principle', in Roger Masterman, and Ian Leigh (eds), The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives, Proceedings of the British Academy (London , 2013; online edn, British Academy Scholarship Online, 30 Jan. 2014), https://doi.org/10.5871/bacad/9780197265376.003.0005, accessed 11 July 2026.
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Abstract
The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of judicial discussions on the nature and extent of the ‘Convention rights’ in domestic law, and has exercised a powerful influence over how those rights have been given legal effect. This chapter argues that the mirror principle is based on an overly narrow interpretation of the purpose of the Human Rights Act, provides an inadequate foundation for the development of domestic rights jurisprudence, and is an increasingly inaccurate description of judicial and constitutional practice.
Keywords:
Human Rights Act, mirror principle, Convention rights, European Court, Human Rights, judicial technique, judicial reasoning
Subject
Human Rights and Immigration
Collection:
British Academy Scholarship Online
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