Name: Human Rights in the UK and the Influence of Foreign Jurisprudence
Brand: Hart Publishing
SKU: 9781509943869
Price: 4681.0 INR
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Human Rights in the UK and the Influence of Foreign Jurisprudence

by Hélène Tyrrell

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ISBN13: 9781509943869
Binding: Paperback
Subject: N/A
Publisher: Hart Publishing
Publisher Imprint: Hart Publishing
Publication Date: March 25, 2021
Pages: 264
Original Price: GBP 38.99
Language: English
Edition: N/A
Item Weight: 368 grams
BISAC Subject(s): Public, Human Rights, and Comparative

About The Book

Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

About The Author

Tyrrell, Hélène: - Hélène Tyrrell is Lecturer at the Newcastle University School of Law.

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