A Common Law Resurgence in Rights Protection?

Masterman, Roger; Wheatle, Se-shauna

Abstract

Following a period of relative dormancy, the UK Supreme Court has revitalised the notion that the common law might provide effective protection for human rights. In Osborn v Parole Board , Kennedy v Information Commissioner and A v BBC the Supreme Court has provided support for the suggestion that the common law—and not the jurisprudence of the European Court of Human Rights—should be the primary source of legal authority for a domestic court considering an issue of individual rights. This piece traces this resurgence of common law rights reasoning, and assesses the nature of the primacy it seeks to accord to the common law.

Citation

Masterman, R., & Wheatle, S. (2015). A Common Law Resurgence in Rights Protection?. European Human Rights Law Review, 2015(1), 57-65

• Journal Article Type: Article
• Acceptance Date: Dec 7, 2014
• Online Publication Date: Jan 7, 2015
• Publication Date: Jan 1, 2015
• Deposit Date: Dec 10, 2014
• Publicly Available Date: Dec 19, 2014
• Journal: European Human Rights Law Review
• Print ISSN: 1361-1526
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2015
• Issue: 1
• Pages: 57-65
• Keywords: Common law, Human rights.
• Public URL: https://durham-repository.worktribe.com/output/1440168
• Publisher URL: http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=388&productid=6823