ACTIVISM AND RESTRAINT: HUMAN RIGHTS AND THE INTERPRETATIVE PROCESS

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Abstract:

When scholars begin to write the legal history of the twentieth century, they will need to allocate a considerable space to their chapters on public law. Judicial activism in the development of a mature system of public law is likely to come to count as the century's single greatest judicial achievement. This article examines the nature of the interpretative process in the human rights arena. It also looks at the experiences of other jurisdictions, since there is much which a comparative perspective can offer. The article also addresses the prospects for human rights adjudication in the United Kingdom. It also focuses on the particular challenges which fundamental rights interpretation poses and the factors which shape the judiciary's response.

Keywords: Human Rights; Human Rights adjudication; Interpretative Process; Judicial Activism; Public Law

Document Type: Research Article

Publication date: January 1, 1999

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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