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The Contradictions of the UK Human Rights Act

Phillips, T The Contradictions of the UK Human Rights Act. Asian Yearbook of Human Rights and Humanitarian Law, 8. (Accepted)

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The UK’s Human Rights Act 1998 is a target of legislative action aimed at undermining its ability to protect universal human rights. This article sets out to characterise those ongoing assaults as an example of populist constitutionalism. Understanding them as such is, I will argue, a necessary first step in formulating defensive strategies that might effectively protect the future of legal human rights protection in the UK. In order to come up with such a strategy, it is necessary to take a critical look at how the Human Rights Act has been bound-up with social, political, and economic processes that have led to the seemingly inexorable rise of populism across the globe. With those imbrications in mind, I propose some modest but ambitious legal reforms that might empower bottom-up human rights movements to dig-up authoritarian populism at its roots.

Item Type: Article
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Divisions: Law
Publisher: Brill
SWORD Depositor: A Symplectic
Date Deposited: 19 Jan 2024 16:47
Last Modified: 01 Feb 2024 14:30
URI: https://researchonline.ljmu.ac.uk/id/eprint/22390
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