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Human rights treaties in the English legal system

Malkani, Bharat 2011. Human rights treaties in the English legal system. Public Law , pp. 554-577.

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Abstract

Considers the implications for human rights treaties in the UK legal system of provisions in the Constitutional Reform and Governance Act 2010 Pt 2 which stipulate that treaties can generally only be ratified with the acquiescence of Parliament. Reviews the traditional constitutional rules underpinning the applicability of treaties and key arguments for departing from these in respect of human rights instruments. Suggests how Parliamentary acquiescence under the Act may allow the courts greater scope for giving effect to such treaties without implementing legislation.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Publisher: Sweet and Maxwell
ISSN: 0033-3565
Last Modified: 13 Oct 2017 08:22
URI: http://orca.cf.ac.uk/id/eprint/105233

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