LEWIS, T., 2006. "Diffcult and slippery terrain": Hansard, Human Rights and Hirst v UK. Public Law, pp. 209-218.
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Comments on the constitutional issues raised by decision of the European Court of Human Rights in Hirst v United Kingdom (74025/01), which considered whether the denial of voting rights to convicted prisoners under the Representation of the People Act 1983 s.3 violated the European Convention on Human Rights 1950 Protocol 1 Art.3. Reviews the background to the UK's policy of prisoner disenfranchisement, the grounds for challenging the ban at domestic and international level, the conflicting views of UK and Strasbourg courts on the judicial weight to be given to Parliamentary statements when adjudicating on human rights issues and the implications for the constitutional principles established by the Bill of Rights 1689 Art.9. Details other variations in the courts' approaches to the margin of appreciation and considers how the conflicts highlighted by the case may be resolved.
|Item Type:||Journal article|
|Publication Title:||Public Law|
|Publisher:||Sweet & Maxwell/Thomson Reuters|
|Rights:||Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.|
|Divisions:||Schools > Nottingham Law School|
|Depositing User:||EPrints Services|
|Date Added:||09 Oct 2015 10:14|
|Last Modified:||19 Oct 2015 14:29|
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