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CHASING THE CHESHIRE CAT? JOHN AUSTIN AND THE TRIAL OF FEDERALISM IN VICTORIAN ENGLAND
Kabat, Patrick
Kabat, Patrick
Abstract
The United Kingdom’s Human Rights Act (1998) gives domestic courts the weakest role of any European state in ensuring conformity with the European Convention on Human Rights. Though the Act provides that most “public authorities” may not violate Convention rights, and that violations of Convention rights are actionable in domestic courts, Acts of either House of Parliament are above censure. In the case of conflict, U.K. courts may make a “declaration of incompatibility”, but must give force to domestic legislation.