Human Rights in the UK and the Influence of Foreign Jurisprudence

Longlisted for the 2022 Inner Temple Main Book Prize, this book explores the use of foreign jurisprudence at the UK Supreme Court, arguing that it is more than just persuasive authority and serves a broader range of functions, such as providing judges with a fresh analytical lens and supporting a stronger conception of domestic human rights.

Format: Paperback / softback
Length: 264 pages
Publication date: 25 March 2021
Publisher: Bloomsbury Publishing PLC

Longlisted for the 2022 Inner Temple Main Book Prize, Human Rights in the UK and the Influence of Foreign Jurisprudence is a groundbreaking empirical study that delves into the utilization of foreign jurisprudence at the UK Supreme Court. This comprehensive work focuses on examining the patterns of reference and non-reference to rulings from foreign domestic courts in human rights cases before the esteemed Supreme Court. Drawing from a combination of quantitative and qualitative research, the book presents data spanning the first eight years of Supreme Court activity, encompassing interviews with active and former members of the senior judiciary, as well as a focus group comprising some of the Supreme Court Judicial Assistants.

The evidence gathered reveals that foreign jurisprudence plays a more intricate role in judicial reasoning than mere persuasive authority might suggest. Primarily serving as a heuristic device, foreign jurisprudence offers judges a fresh analytical lens through which to interpret legal issues. Moreover, foreign jurisprudence assumes significance when interpreting a common legislative scheme, fostering a meaningful dialogue between the Supreme Court and supranational courts, such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence further contribute to a stronger conception of domestic human rights, reinforcing the interconnectedness of international and domestic legal frameworks.

In addressing this broader political question about the source of human rights in the UK, Human Rights in the UK and the Influence of Foreign Jurisprudence makes a significant contribution. By exploring the role of foreign jurisprudence in shaping the interpretation and application of human rights laws, the book sheds light on the complex dynamics between national and international legal systems. It underscores the importance of international cooperation and the exchange of ideas in the pursuit of justice and the protection of human rights. This book is a valuable resource for scholars, practitioners, and policymakers alike, as it provides insights into the evolving landscape of human rights law and its impact on the legal system of the United Kingdom.

Weight: 400g
Dimension: 154 x 233 x 26 (mm)
ISBN-13: 9781509943869