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3 - Courts and Human Rights

Oxford, 16 November 2022

Published online by Cambridge University Press:  25 July 2025

Kate O'Regan
Affiliation:
University of Oxford
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Summary

This chapter considers the role courts play in protecting fundamental rights. It addresses three questions. What role do domestic courts play in the protection of rights in different constitutional settings? In examining key elements of constitutional design, the chapter show how there are significant variations in how courts protect rights across the world. Secondly, what role should courts play in the adjudication of rights? Here it is argued that courts in their ordinary work, applying legislation and the common law, do and must protect rights. With regard to the more contested question whether courts should protect rights under a constitutional bill of rights, the chapter argues that the case for such a role for courts is at its strongest in certain circumstances but that it cannot be claimed that in all circumstances courts should be conferred with this power. Finally, the chapter considers the current debates in the United Kingdom concerning a possible repeal of the Human Rights Act, and withdrawal from the European Convention of Human Rights, and expresses dismay at the prospect of the repeal of the Human Rights Act, given how elegantly that Act combines protection for rights by UK courts with the doctrine of parliamentary sovereignty.

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Publisher: Cambridge University Press
Print publication year: 2025

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  • Courts and Human Rights
  • Kate O'Regan, University of Oxford
  • Book: Courts and the Body Politic
  • Online publication: 25 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009545808.005
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  • Courts and Human Rights
  • Kate O'Regan, University of Oxford
  • Book: Courts and the Body Politic
  • Online publication: 25 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009545808.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Courts and Human Rights
  • Kate O'Regan, University of Oxford
  • Book: Courts and the Body Politic
  • Online publication: 25 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009545808.005
Available formats
×