Human Rights in the UK and the Influence of Foreign Jurisprudence
1st Edition
Published on 20. September 2018
240 pages
978-1-5099-0496-9 (ISBN)
Description
Longlisted for the 2022 Inner Temple Main Book Prize
Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
More details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
ISBN-13
978-1-5099-0496-9 (9781509904969)
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Content
1. Introduction
I. Structure of the Book
II. Style
2. Research Methodology
I. Research Parameters
II. Interviews
3. Legitimacy and Authority
I. Persuasive Authority
II. The Influence of Domestic v Supranational Jurisprudence
III. Conclusions
4. The Purpose of Foreign Jurisprudence
I. Many Minds
II. Decoration
III. Courtesy
IV. Supplements
V. Consensus
VI. Conclusions
5. Foreign Jurisprudence in the UK Supreme Court
I. The Extent to Which Foreign Jurisprudence is Used
II. The Individual Approaches of the Justices
III. Accessing Foreign Jurisprudence
IV. The Influence of Common Law Jurisdictions
V. The Effect of Changing Judgment Styles
VI. Conclusions
6. Foreign Jurisprudence as a Heuristic Tool
I. Gap Filling
II. An Analytical Lens
III. Reassurance
IV. Conclusions
7. The Pursuit of a Common Enterprise
I. Using Foreign Jurisprudence to Promote Uniformity
II. Uniformity under the Human Rights Act
III. The Absence of a Supranational Court
IV. Conclusions
8. Instrumental Uses of Foreign Jurisprudence
I. To Confirm or Bolster Conclusions
II. The Absence of Strasbourg Jurisprudence
III. 'Departing' from Strasbourg
IV. Conclusions
9. Conclusions
I. An Absence of Guiding Principles
II. The Individual Approaches of the Justices
III. Foreign Jurisprudence as a Heuristic Tool
IV. Providing a Given Audience with Reasons
V. The Effect of Changing Working Methods
VI. Reflections on Judicial Reasoning at the Supreme Court
I. Structure of the Book
II. Style
2. Research Methodology
I. Research Parameters
II. Interviews
3. Legitimacy and Authority
I. Persuasive Authority
II. The Influence of Domestic v Supranational Jurisprudence
III. Conclusions
4. The Purpose of Foreign Jurisprudence
I. Many Minds
II. Decoration
III. Courtesy
IV. Supplements
V. Consensus
VI. Conclusions
5. Foreign Jurisprudence in the UK Supreme Court
I. The Extent to Which Foreign Jurisprudence is Used
II. The Individual Approaches of the Justices
III. Accessing Foreign Jurisprudence
IV. The Influence of Common Law Jurisdictions
V. The Effect of Changing Judgment Styles
VI. Conclusions
6. Foreign Jurisprudence as a Heuristic Tool
I. Gap Filling
II. An Analytical Lens
III. Reassurance
IV. Conclusions
7. The Pursuit of a Common Enterprise
I. Using Foreign Jurisprudence to Promote Uniformity
II. Uniformity under the Human Rights Act
III. The Absence of a Supranational Court
IV. Conclusions
8. Instrumental Uses of Foreign Jurisprudence
I. To Confirm or Bolster Conclusions
II. The Absence of Strasbourg Jurisprudence
III. 'Departing' from Strasbourg
IV. Conclusions
9. Conclusions
I. An Absence of Guiding Principles
II. The Individual Approaches of the Justices
III. Foreign Jurisprudence as a Heuristic Tool
IV. Providing a Given Audience with Reasons
V. The Effect of Changing Working Methods
VI. Reflections on Judicial Reasoning at the Supreme Court
