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Academic

: Legal Theory Blog

Fox-Decent on Contextual Constitutionalism & the UK Human Rights Act

By Lawrence Solum

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Evan Fox-Decent (McGill University - Faculty of Law) has posted Contextual Constitutionalism after the UK Human Rights Act 1998 (University of Toronto Law Journal, 2012) on SSRN. Here is the abstract:

    Aileen Kavanagh and Tom Hickman assess jurisprudence arising under the UK Human Rights Act 1998 (HRA) since its enactment roughly ten years ago. Kavanagh focuses on the tension between popular democracy and minority rights protection, while Hickman discusses the way the HRA has reshaped UK public law. This review suggests that both authors are committed to a theory termed contextual constitutionalism. This theory claims that the legitimacy of constitutional review depends on its sensitivity to its legal and institutional contexts. The authors? commitment to this theory is shown through their discussions of two related doctrines: the separation of powers and judicial deference.

Full post as published by Legal Theory Blog on March 09, 2011 (boomark / email).

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