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Revisiting section 3(1) of the Human Rights Act

Gearty, Conor ORCID: 0000-0002-3885-2650 (2003) Revisiting section 3(1) of the Human Rights Act. Law Quarterly Review, 119 (Oct). pp. 551-553. ISSN 0023-933X

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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.

Item Type: Article
Official URL:
Additional Information: © 2003 Sweet & Maxwell and its Contributors
Divisions: LSE Human Rights
Subjects: K Law > KD England and Wales
J Political Science > JC Political theory
Date Deposited: 02 May 2008 15:34
Last Modified: 01 Jun 2024 03:29

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