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Author Tyrrel, Hélène, author.

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

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

Copies

Location Call No. Status
 UniM INTERNET Resource    AVAILABLE
Physical description 1 online resource (241 pages) : charts.
Series Hart studies in comparative public law.
Hart studies in comparative public law.
Bibliography Includes bibliographical references (pages 216-227) and index.
Contents Research methodology -- Legitimacy and authority -- Purpose of foreign jurisprudence -- Foreign jurisprudence in the UK Supreme Court -- Foreign jurisprudence as a heuristic tool -- Pursuit of a common enterprise -- Instrumental uses of foreign jurisprudence.
Summary "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.
Other formats Also issued in print.
Reproduction Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement. s2014 dcunns.
Subject Great Britain. Supreme Court.
Human rights -- Great Britain.
International and municipal law -- Great Britain.
Conflict of laws -- Great Britain.
Variant Title Human rights in the United Kingdom and the influence of foreign jurisprudence.
ISBN 9781509904976 (online)
9781509904945 (hardback)
9781509904952 (electronic book)
9781509904969 (PDF)

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