1.

Record Nr.

UNINA9910796920403321

Autore

Tyrrel Hélène

Titolo

Human rights in the UK and the influence of foreign jurisprudence / / Hélène Tyrrell

Pubbl/distr/stampa

Oxford [UK] ; ; Portland, Oregon : , : Hart Publishing, , 2018

ISBN

1-5099-0495-6

1-5099-0497-2

1-5099-0496-4

Descrizione fisica

1 online resource (261 pages)

Collana

Hart studies in comparative public law

Disciplina

342.4208/5

Soggetti

Conflict of laws - Great Britain

Human rights - Great Britain

International and municipal law - Great Britain

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di bibliografia

Includes bibliographical references (pages 216-227) and index.

Nota di contenuto

Research methodology -- Legitimacy and authority -- The purpose of foreign jurisprudence -- Foreign jurisprudence in the UK Supreme Court -- Foreign jurisprudence as a heuristic tool -- The pursuit of a common enterprise -- Instrumental uses of foreign jurisprudence.

Sommario/riassunto

"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 nonuse of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research methods, 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 with 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"--Bloomsbury Publishing.