학술논문
Quis custodiet ipsos custodes? The opportunities and democratic legitimacy of the post-Osborn human rights debate
Document Type
Journal Article
Author
Source
Jur. Rev. 2016, 2, 83-103
Subject
Language
English
ISSN
0022-6785
Abstract
Explores the argument that, even if the Human Rights Act 1998 is repealed, the judiciary will continue to uphold fundamental rights through the common law, as illustrated by the Supreme Court ruling in Re Reilly's Application for Judicial Review, also known as R. (on the application of Osborn) v Parole Board. Discusses the legitimacy and role of the judiciary, and highlights the opportunities for human rights proponents presented by the development.