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Phillips, T (2024) The Contradictions of the UK Human Rights Act. In: Vanhullebusch, Matthias, Foster, Steve and Stanford, Ben, (eds.) The Asian Yearbook of Human Rights and Humanitarian Law. Brill, pp. 44-78. ISBN 9789004706477
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Abstract
The UK’s Human Rights Act 1998 is a target of legislative action aimed at undermining its ability to protect universal human rights. This article sets out to characterise those ongoing assaults as an example of populist constitutionalism. Understanding them as such is, I will argue, a necessary first step in formulating defensive strategies that might effectively protect the future of legal human rights protection in the UK. In order to come up with such a strategy, it is necessary to take a critical look at how the Human Rights Act has been bound-up with social, political, and economic processes that have led to the seemingly inexorable rise of populism across the globe. With those imbrications in mind, I propose some modest but ambitious legal reforms that might empower bottom-up human rights movements to dig-up authoritarian populism at its roots.
| Item Type: | Book Section |
|---|---|
| Subjects: | K Law > K Law (General) K Law > KD England and Wales |
| Divisions: | Law |
| Publisher: | Brill |
| Related URLs: | |
| Date of acceptance: | 4 December 2023 |
| Date of first compliant Open Access: | 11 October 2024 |
| Date Deposited: | 19 Jan 2024 16:47 |
| Last Modified: | 11 Oct 2024 10:53 |
| DOI or ID number: | 10.1163/9789004706477_003 |
| Editors: | Vanhullebusch, Matthias, Foster, Steve and Stanford, Ben |
| URI: | https://ljmu-9.eprints-hosting.org/id/eprint/22390 |
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