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Accountability in the Contemporary Constitution$
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Nicholas Bamforth and Peter Leyland

Print publication date: 2013

Print ISBN-13: 9780199670024

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199670024.001.0001

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Accountability, Human Rights Adjudication and the Human Rights Act 1998

Accountability, Human Rights Adjudication and the Human Rights Act 1998

Chapter:
(p.155) 7 Accountability, Human Rights Adjudication and the Human Rights Act 1998
Source:
Accountability in the Contemporary Constitution
Author(s):

Alison L Young

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670024.003.0007

This chapter addresses the extent to which human rights adjudication under the Human Rights Act 1998 has enhanced accountability. It argues that whilst legal accountability may have enhanced accountability in its normal sense, the same may not be true for the political mechanisms used to hold Parliament and the government to account for legislation. In addition, it investigates how far accountability in its normative sense has arguably been enhanced by examining theories of human rights adjudication based upon the culture of justification. It argues that both practical and conceptual issues question not only the extent to which human rights adjudication under the Human Rights Act has enhanced accountability, but also the extent to which accountability can be understood to serve as an end as opposed to a means.

Keywords:   Human Rights Act 1998, human rights adjudication, legal accountability, justification

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