‘A Common Law Resurgence in Rights Protection?’

(2015) 1 European Human Rights Law Review 57

Posted: 30 Jul 2016

See all articles by Roger Masterman

Roger Masterman

Durham University - Department of Law

Se-shauna Wheatle

Durham Law School

Date Written: July 29, 2016

Abstract

Following a period of relative dormancy, the UK Supreme Court has revitalised the notion that the common law might provide effective protection for human rights. In Osborn v Parole Board, Kennedy v Information Commissioner and A v BBC the Supreme Court has provided support for the suggestion that the common law — and not the jurisprudence of the European Court of Human Rights — should be the primary source of legal authority for a domestic court considering an issue of individual rights. This piece traces this resurgence of common law rights reasoning, and assesses the nature of the primacy it seeks to accord to the common law.

Keywords: Common law; Human rights; Human Rights Act 1998

Suggested Citation

Masterman, Roger and Wheatle, Se-shauna, ‘A Common Law Resurgence in Rights Protection?’ (July 29, 2016). (2015) 1 European Human Rights Law Review 57. Available at SSRN: https://ssrn.com/abstract=2815853

Roger Masterman

Durham University - Department of Law ( email )

50 North Bailey
Durham, DH1 3ET
United Kingdom

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=1596

Se-shauna Wheatle (Contact Author)

Durham Law School ( email )

Palatine Centre
Stockton Road
Durham, Durham DH1 3LE
United Kingdom

HOME PAGE: http://https://www.dur.ac.uk/law/staff/stafflist/?id=12233

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