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Luke McDonagh: what future for the rule of law and human rights in the new populist environment?

Mcdonagh, Luke (2016) Luke McDonagh: what future for the rule of law and human rights in the new populist environment? UK Constitutional Law Association blog (18 Nov 2016). Blog Entry.

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Abstract

When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur in a liberal democratic society between the ruling executive/legislature and the judiciary. One thing that is readily apparent is that these tensions – which have for some time been adequately managed in the UK via the Human Rights Act declaration of incompatibility mechanism and a general judicial deference towards Parliament – are now in danger of spinning out of control. This is likely to have significant negative consequences for the protection of human rights in the UK, and may lead to a sharp narrowing of what we conceive of as the rule of law.

Item Type: Online resource (Blog Entry)
Official URL: https://ukconstitutionallaw.org/
Additional Information: © 2016 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 10 Jul 2020 08:45
Last Modified: 03 Jul 2021 23:27
URI: http://eprints.lse.ac.uk/id/eprint/105592

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