Indications of Inconsistency
Forthcoming, Cambridge Law Journal
35 Pages Posted: 30 Jul 2019
Date Written: July 26, 2019
The author makes two claims in this paper. First, there appears to be an increase in indications of inconsistency (“IoIs”) across the common law world. Secondly, this increase is a normatively concerning turn in judicial practice. IoIs are judicial statements which, either explicitly or by implication, indicate that primary legislation is incompatible with certain protected human rights or civil liberties. They are related to, but stop short of, the formal remedies known as declarations of inconsistency (“DoIs”).
Keywords: Indications of Inconsistency, Declarations of Inconsistency, Declarations of Incompatibility, Human Rights, Common Law
Suggested Citation: Suggested Citation