
Contents
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The Rise of the New Judiciary The Rise of the New Judiciary
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The Development of Judicial Dialogue with Parliament The Development of Judicial Dialogue with Parliament
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The Formalist Consensus The Formalist Consensus
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Judicial Re-engagement with Public Law Judicial Re-engagement with Public Law
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The Foundations of Inter-institutional Dialogue The Foundations of Inter-institutional Dialogue
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The Increased Prominence and Volume of Judicial Dialogue The Increased Prominence and Volume of Judicial Dialogue
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Formal Inter-institutional Dialogue under the HRA Formal Inter-institutional Dialogue under the HRA
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Informal Inter-institutional Dialogue after the HRA Informal Inter-institutional Dialogue after the HRA
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The Changing Nature of Judicial Interventions The Changing Nature of Judicial Interventions
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Dialogue under the HRA: Intermittent Transmission and Reception Dialogue under the HRA: Intermittent Transmission and Reception
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Impediments to Dialogue within and beyond the HRA Impediments to Dialogue within and beyond the HRA
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Parliament: A Willing Partner in Dialogue? Parliament: A Willing Partner in Dialogue?
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The ‘Double-edged’ Nature of Inter-institutional Dialogue The ‘Double-edged’ Nature of Inter-institutional Dialogue
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Judicial Dialogue: Dancing without a Partner? Judicial Dialogue: Dancing without a Partner?
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3 The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998
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Published:April 2013
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Abstract
Much of the judicial-dialogue debate implies that this process was initiated by the Human Rights Act, but developments since its enactment arguably refine the long-established process whereby the courts interact with the other branches of government. For example, when individuals (often supported by pressure groups) pursue rights-based claims they may do so not with the expectation that the courts will uphold their claim, but in the hope that judges will issue a declaration of incompatibility with which they can influence political debate. The Human Rights Act marks an increase in the volume (in both senses of the word) of such dialogue. Judges must now consider their decisions not only regarding their impact upon UK government policy but also with one eye towards ensuring that the European Court of Human Rights upholds their decisions. This chapter examines these efforts, focusing in particular on the growth in ‘protest cases’ before the courts.
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