20. p. 681Using Human Rights in the United Kingdom Courts
- Andrew Le Sueur, Andrew Le SueurProfessor of Constitutional Justice, University of Essex
- Maurice SunkinMaurice SunkinProfessor of Public Law and Socio-Legal Studies, University of Essex
- and Jo Eric Khushal MurkensJo Eric Khushal MurkensAssociate Professor of Law, London School of Economics and Political Science
Abstract
This chapter examines the use of human rights in the domestic courts of the UK. The chapter is organized as follows. Section 2 considers the main features of the Human Rights Act 1998 (HRA). Section 3 looks at the issue of judicial deference to the executive and Parliament in human rights situations. Sections 4 and 5 examine two case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s decision preventing her from wearing a jilbab to school. The second case study considers the litigation that followed the enactment of Pt IV of the Anti-terrorism, Crime, and Security Act 2001, and the challenges to control orders imposed under the Prevention of Terrorism Act 2005.
