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Revisiting section 3(1) of the Human Rights Act

By Conor Gearty


Discusses difficulties with the interpretation of the Human Rights Act 1998 s.3(1). Considers the House of Lords ruling in Re S (Children) (Care Order: Implementation of Care Plan) in which s.3(1) was interpreted as meaning that a reading of legislation should not depart substantially from a fundamental feature of an Act of Parliament. Refutes criticisms of the author's article Reconciling Parliamentary Democracy and Human Rights in L.Q.R. 2002, 118(Apr), 248-269 made by Gavin Phillipson in (Mis)-reading Section 3 of the Human Rights Act in L.Q.R. 2003, 119(Apr), 183-188

Topics: KD England and Wales, JC Political theory
Publisher: Sweet & Maxwell
Year: 2003
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Provided by: LSE Research Online
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