Abstract

http://ssrn.com/abstract=883590
 
 

Footnotes (78)



 


 



Guardians of the Constitution: Unconstitutional Constitutional Norms


Rory O'Connell


University of Ulster - Transitional Justice Institute


Journal of Civil Liberties, Vol. 4, No. 48, 1999

Abstract:     
The recent adoption of the UK Human Rights Bill offers the possibility for many developments in the UK legal system. At the centre of the change stand the new system for the protection of civil rights, and the re-drawn relations between the judiciary and the other branches of Government; combined these features raise the spectre of judicial activism. The Human Rights Act appears to resolve the division of responsibilities between the judges and the political branches in a manner which is deferential to the traditional notions of parliamentary sovereignty, following the example of New Zealand. However such textual confines are potentially treacherous if a court's conception of civil rights and constitutionalism leads it to embrace an activist approach. This article explores three foreign examples of judicial activism straining at the textual limits.

Number of Pages in PDF File: 27

Keywords: Judicial activism, constitutional interpretation, human rights, comparative law

JEL Classification: K10

Accepted Paper Series


Download This Paper

Date posted: February 22, 2006 ; Last revised: April 1, 2009

Suggested Citation

O'Connell, Rory, Guardians of the Constitution: Unconstitutional Constitutional Norms. Journal of Civil Liberties, Vol. 4, No. 48, 1999 . Available at SSRN: http://ssrn.com/abstract=883590

Contact Information

Rory O'Connell (Contact Author)
University of Ulster - Transitional Justice Institute ( email )
Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland
HOME PAGE: http://www.transitionaljustice.ulster.ac.uk/

Feedback to SSRN


Paper statistics
Abstract Views: 1,041
Downloads: 192
Download Rank: 87,794
Footnotes:  78

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.437 seconds