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A rights-specific approach to section 2 of the Human Rights Act

Malkani, Bharat 2012. A rights-specific approach to section 2 of the Human Rights Act. European Human Rights Law Review 5 , pp. 516-527.

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Abstract

Discusses the three approaches towards the application of the Human Rights Act 1998 s.2, requiring the courts to take European Court of Human Rights jurisprudence "into account" when determining a human rights issue, that were identified by Francesca Klug and Helen Wildbore in "Follow or lead? The Human Rights Act and the European Court of Human Rights", E.H.R.L.R. 2010, 6, 621-630. Presents a framework for assessing the appropriateness of each approach based on whether the right in question is absolute, limited or qualified in nature.

Item Type: Article
Status: Published
Schools: Law
Publisher: Sweet and Maxwell
ISSN: 1361-1526
Last Modified: 13 Oct 2017 08:22
URI: http://orca-mwe.cf.ac.uk/id/eprint/105232

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