(Mis)-reading section 3 of the Human Rights Act.

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(Mis)-reading section 3 of the Human Rights Act.

Gavin Phillipson-2003-04-01-Bristol Research (University of Bristol)

8

TL;DRAbstract

Response to Reconciling Parliamentary democracy and human rights by C.A. Gearty in L.Q.R. 2002, 118(Apr), 248-269. Criticises the author's argument that the Human Rights Act s.3(2) and s.6(2)(b) provide guidance on the proper reading of s.3(1). Suggests an alternative approach to the meaning of s.3(1) on the interpretation of legislation compatibility with rights under the European Convention on Human Rights 1950.

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Response to Reconciling Parliamentary democracy and human rights by C.A. Gearty in L.Q.R. 2002, 118(Apr), 248-269. Criticises the author's argument that the Human Rights Act s.3(2) and s.6(2)(b) provide guidance on the proper reading of s.3(1). Suggests an alternative approach to the meaning of s.3(1) on the interpretation of legislation compatibility with rights under the European Convention on Human Rights 1950.

Keywords

Human rightsConventionPolitical scienceLawLegislationSection (typography)Reading (process)Right to property

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