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Making Rights Real: The Courts, Remedies, and the Human Rights Act

Authors :
Laurence Lustgarten
Ian Leigh
Source :
The Cambridge Law Journal. 58:509-545
Publication Year :
1999
Publisher :
Cambridge University Press (CUP), 1999.

Abstract

Dicey is not fashionable these days, and for understandable reasons. The cocktail of utilitarianism and positivism, the amalgam of Bentham and Austin, that he produced led inexorably to the proclamation of unlimited parliamentary supremacy. This is widely, though with much exaggeration, conceived to be the major prop of authoritarian government. It is also, more correctly, seen as hostile to the idea of human rights possessed by persons against governments. In one sense, the decision to incorporate the European Convention on Human Rights into UK domestic law is an authoritative repudiation of the Diceyian heritage.

Details

ISSN :
14692139 and 00081973
Volume :
58
Database :
OpenAIRE
Journal :
The Cambridge Law Journal
Accession number :
edsair.doi...........a8852aef7c86854c63e021ae352bd79a
Full Text :
https://doi.org/10.1017/s0008197399003037