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The Human Rights Act and Juridification : saving democracy from law.

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The Human Rights Act and Juridification : saving democracy from law. / Davis, Feargal.
In: Politics, Vol. 30, No. 2, 06.2010, p. 91-97.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

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Davis F. The Human Rights Act and Juridification : saving democracy from law. Politics. 2010 Jun;30(2):91-97. doi: 10.1111/j.1467-9256.2010.01371.x

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Bibtex

@article{cbe43c3ca77247b69eb539eab81a11e1,
title = "The Human Rights Act and Juridification : saving democracy from law.",
abstract = "The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and the control of the executive in the UK. The strengthening of democracy through a genuine {\textquoteleft}declaration of incompatibility{\textquoteright} rather than the current de facto judicial strike-down power will be advocated.",
author = "Feargal Davis",
year = "2010",
month = jun,
doi = "10.1111/j.1467-9256.2010.01371.x",
language = "English",
volume = "30",
pages = "91--97",
journal = "Politics",
issn = "0263-3957",
publisher = "Wiley-Blackwell",
number = "2",

}

RIS

TY - JOUR

T1 - The Human Rights Act and Juridification : saving democracy from law.

AU - Davis, Feargal

PY - 2010/6

Y1 - 2010/6

N2 - The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and the control of the executive in the UK. The strengthening of democracy through a genuine ‘declaration of incompatibility’ rather than the current de facto judicial strike-down power will be advocated.

AB - The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and the control of the executive in the UK. The strengthening of democracy through a genuine ‘declaration of incompatibility’ rather than the current de facto judicial strike-down power will be advocated.

U2 - 10.1111/j.1467-9256.2010.01371.x

DO - 10.1111/j.1467-9256.2010.01371.x

M3 - Journal article

VL - 30

SP - 91

EP - 97

JO - Politics

JF - Politics

SN - 0263-3957

IS - 2

ER -