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.

\n Format: Hardback
\n Length: 264 pages
\n Publication date: 20 September 2018
\n Publisher: Bloomsbury Publishing PLC
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The 2022 Inner Temple Main Book Prize has recognized "Human Rights in the UK and the Influence of Foreign Jurisprudence," a groundbreaking empirical study that delves into the utilization of foreign jurisprudence at the UK Supreme Court. This comprehensive work explores the patterns of reference to 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.

It is argued 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 dialogue between the Supreme Court and supranational courts like the European Court of Human Rights. The perspectives offered by foreign jurisprudence can further strengthen the conception of domestic human rights, contributing to a broader political inquiry about the origins of human rights in the UK.

In conclusion, "Human Rights in the UK and the Influence of Foreign Jurisprudence" stands as a pioneering effort in the field of legal scholarship. Through its meticulous analysis and insightful perspectives, this book sheds light on the intricate relationship between foreign jurisprudence and the development of human rights in the UK. It serves as a valuable resource for scholars, practitioners, and policymakers alike, contributing to our understanding of the role of international law in shaping domestic legal systems.

\n Weight: 544g\n
Dimension: 165 x 240 x 20 (mm)\n
ISBN-13: 9781509904945\n \n