Democracy and the Human Rights Act

Dennis Dixon is a Legal Adviser to the Law Officers’ Department of the States of Jersey, and tutor at the Institute of Law, Jersey.

• 1. Introduction 2. Literature review 3. Theoretical framework 4. The nature of democracy 5. Constitutional review – a rights-protection pact 6. The classic constitution 7. Human Rights Act and democracy 8. Reasons for compliance: constitutional conventions, atrophication and internationalisation 9. Legitimate breach 10. Conclusions

'In a radical departure from traditional norms of the common law, the Human Rights Act 1998 empowered judges to assess the proportionality of legislation which democratically elected politicians have put in place. In an innovative and refreshing approach to the subject, the author explores the implications of this change in the constitutional balance between Parliament and Courts. Drawing heavily of analytical tools borrowed from republican political thought, he makes an invaluable contribution to the contemporary debate.'Jonathan Fisher QC, Member, Commission on a Bill of Rights for the UK, 2011-2012 'How is constitutional review to be institutionally reconciled with democracy? Dennis Dixon offers an account of the resolution offered by the Human Rights Act in Britain. While informed and critical, his analysis gives us an illuminating picture of the issues at stake and the aspects of that controversial arrangement that are worth celebrating. Even if the Act is overturned, the book will remain essential reading for anyone focused on this crucial question in democratic theory and design.'Philip Pettit, L.S.Rockefeller University Professor of Human Values, Princeton University; Distinguished Professor of Philosophy, Australian National University 'At a time of increasing tensions between the judiciary and government, not just in the UK, but around the world, this book is a must read. Are judicial decisions upholding human rights anti-democratic in their genesis and character? By contrast, should governments be held to greater judicial account; is this in fact the true nature of democracy? This book approaches these and other questions in a lively and accessible manner. I recommend it to all students of constitutional democracy.'Michelle Everson, Professor of Law, Birkbeck College, University of London