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Title: The Elusive Divide between Interpretation and Legislation under the Human Rights Act 1998
Authors: Kavanagh, Aileen
First Published: 2004
Citation: Oxford Journal of Legal Studies, 2004, 24 (2), pp.259-285
Abstract: In recent case-law under the Human Rights Act 1998, the senior judiciary have reiterated the view that their task under section 3(1) of the Act is one of ‘interpretation rather than legislation’. This article has two main aims. The first is to provide a general, theoretical analysis of the extent to which it is possible (if at all) to distinguish between interpretation and legislation. The second is to examine the judicial understanding of this distinction, as revealed through judgments in the HRA case-law.
DOI Link: 10.1093/ojls/24.2.259
ISSN: 0030 7653
Type: Article
Appears in Collections:Published Articles, School of Law

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