Human rights in a political constitution: an analysis of the compatibility of the Human Rights Act 1998 with political constitutionalism

[摘要] This thesis presents an analysis of the compatibility of the Human Rights Act 1998 with the theory of political constitutionalism. The theory envisions a constitutional order where those exercising political power are held to account, for the most part via the political process and political institutions. The thesis posits from the position of an observer of the theory that the Act is predominantly compatible with political constitutionalism. Nonetheless, there is scope for reforms which could render a future statutory bill of rights more compatible with political constitutionalism. The first section of the thesis examines the history of political constitutionalism in the United Kingdom (UK) Public Law from its descriptive origins to more recent attempts to construct a normative account. It argues there are actually different conceptions of a normative account and that these accounts might be in conflict with each other over certain issues, even though they are underpinned by a set of shared commitments about the relationship between law and politics and the proper role of political and judicial institutions. The rest of the thesis applies this hypothesis to the Act, analysing the Act’s impact on the UK’s historically political constitution, the compatibility of the Act’s provisions and how proponents of different accounts of political constitutionalism might perceive these changes differently. Finally, the thesis concludes by suggesting how proponents of different accounts of political constitutionalism might suggest different reforms.

[发布机构] University:University of Birmingham;Department:Birmingham Law School

[关键词] J Political Science;JA Political science (General)