Output details
20 - Law
University of Exeter
La motivation juridictionnelle et la Cour Supreme du Royaume-Uni: suprematisme judicaire et suprematie parlementaire
Based on an analysis of both the CRA 2005 and the HRA 1998, this chapter encompasses a comparative study on the British Supreme Court’s assessment of fundamental rights via an examination of the modalities of its decisions. Inherent in the compliance with the ECHR is the danger that interpretation will be used as a creative exercise to redefine legal obligations, furthering the current transition from a Parliamentary model of democratic government, not only to a new model of administrative governance, but fundamentally to a model of dual sovereignties via the alleged political and constitutional activism of the British Supreme Court.