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Democratic Dialogue and the Constitution$
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Alison L Young

Print publication date: 2017

Print ISBN-13: 9780198783749

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780198783749.001.0001

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Democratic Dialogue and UK Human Rights Law

Democratic Dialogue and UK Human Rights Law

(p.211) 7 Democratic Dialogue and UK Human Rights Law
Democratic Dialogue and the Constitution

Alison L Young

Oxford University Press

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.

Keywords:   constitutional law, constitutional theory, human rights, Human Rights Act 1998, European Union law, European Charter of Fundamental Rights, common law constitutionalism

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