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Human Rights in the UK and the Influence of Foreign Jurisprudence

Human Rights in the UK and the Influence of Foreign Jurisprudence

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943869
  • 出版时间 March 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509904945
¥457.78
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. Introduction
    I. Structure of the Book
    II. Style
    2. Research Methodology
    I. Research Parameters
    II. Interviews
    3. Legitimacy and Authority
    I. Persuasive Authority
    II. The Influence of Domestic v Supranational Jurisprudence
    III. Conclusions
    4. The Purpose of Foreign Jurisprudence
    I. Many Minds
    II. Decoration
    III. Courtesy
    IV. Supplements
    V. Consensus
    VI. Conclusions
    5. Foreign Jurisprudence in the UK Supreme Court
    I. The Extent to Which Foreign Jurisprudence is Used
    II. The Individual Approaches of the Justices
    III. Accessing Foreign Jurisprudence
    IV. The Influence of Common Law Jurisdictions
    V. The Effect of Changing Judgment Styles
    VI. Conclusions
    6. Foreign Jurisprudence as a Heuristic Tool
    I. Gap Filling
    II. An Analytical Lens
    III. Reassurance
    IV. Conclusions
    7. The Pursuit of a Common Enterprise
    I. Using Foreign Jurisprudence to Promote Uniformity
    II. Uniformity under the Human Rights Act
    III. The Absence of a Supranational Court
    IV. Conclusions
    8. Instrumental Uses of Foreign Jurisprudence
    I. To Confirm or Bolster Conclusions
    II. The Absence of Strasbourg Jurisprudence
    III. 'Departing' from Strasbourg
    IV. Conclusions
    9. Conclusions
    I. An Absence of Guiding Principles
    II. The Individual Approaches of the Justices
    III. Foreign Jurisprudence as a Heuristic Tool
    IV. Providing a Given Audience with Reasons
    V. The Effect of Changing Working Methods
    VI. Reflections on Judicial Reasoning at the Supreme Court

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