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Learning Legal RulesA Students' Guide to Legal Method and Reasoning

Learning Legal Rules: A Students' Guide to Legal Method and Reasoning (10th edn)

James Holland and Julian Webb
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date: 28 September 2022

p. 32610. ‘Bringing Rights Home’: Legal Method and the Convention Rightslocked

p. 32610. ‘Bringing Rights Home’: Legal Method and the Convention Rightslocked

  • James HollandJames HollandProfessor Emeritus, Bristol Law School, University of the West of England
  •  and Julian WebbJulian WebbProfessor of Law, Melbourne Law School

Abstract

In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.

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