Abstract

http://ssrn.com/abstract=2365844
 


 



Judicial Review and Parliamentary Debate: Enriching the Doctrine of Due Deference


Liora Lazarus


University of Oxford - Faculty of Law

Natasha Simonsen


University of Oxford - Saint Anne's College

August 1, 2013

Murray Hunt (Ed), Parliament and Human Rights: Redressing the Democratic Deficit (Oxford University Press 2014), Forthcoming

Abstract:     
Recent cases in the European Court of Human Rights have placed greater emphasis on the quality of legislative debate when determining whether to apply the margin of appreciation to the decisions of member States. This paper explores how courts in general might go about assessing the quality of legislative debate about rights, and presents a set of criteria against which such debate can be assessed. While pushing at the boundaries of constitutional orthodoxy, this paper looks ahead to a framework of democratic dialogue where sovereignty is shared between courts, Parliament and other constitutional organs. In this context, it argues that courts ought to defer where certain criteria are met in the process of parliamentary deliberation on the rights questions which come before them.

Number of Pages in PDF File: 23

working papers series





Download This Paper

Date posted: December 28, 2013  

Suggested Citation

Lazarus, Liora and Simonsen, Natasha, Judicial Review and Parliamentary Debate: Enriching the Doctrine of Due Deference (August 1, 2013). Murray Hunt (Ed), Parliament and Human Rights: Redressing the Democratic Deficit (Oxford University Press 2014), Forthcoming. Available at SSRN: http://ssrn.com/abstract=2365844 or http://dx.doi.org/10.2139/ssrn.2365844

Contact Information

Liora Lazarus (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
HOME PAGE: http://www.law.ox.ac.uk/profile/lazarusl
Natasha Simonsen
University of Oxford - Saint Anne's College ( email )
Woodstock Road
Oxford, OX2 6HS
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 486
Downloads: 123
Download Rank: 136,866

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.360 seconds