Title

CHASING THE CHESHIRE CAT? JOHN AUSTIN AND THE TRIAL OF FEDERALISM IN VICTORIAN ENGLAND

Document Type

Article

Comments

"The Joseph Parker Prize Paper."

Abstract

The United Kingdom’s Human Rights Act (1998) gives domestic courts the weakest role of any European state in ensuring conformity with the European Convention on Human Rights. Though the Act provides that most “public authorities” may not violate Convention rights, and that violations of Convention rights are actionable in domestic courts, Acts of either House of Parliament are above censure. In the case of conflict, U.K. courts may make a “declaration of incompatibility”, but must give force to domestic legislation.

Date of Authorship for this Version

May 2008