Christopher Crawford HRA Flashcards
What does Christopher Crawford discuss about the dialogue theory in practice?
Crawford discusses the limited effectiveness of the dialogue theory, noting that formal exchanges between Parliament and the judiciary on human rights under section 3 of the Human Rights Act are infrequent.
How often does Parliament respond to judicial interpretations under section 3 of the HRA?
Despite the theoretical opportunity for Parliament to amend laws following judicial interpretations under section 3, such responses are rare in practice.
What evidence highlights the communication gap between the judiciary and Parliament regarding section 3 interpretations?
Evidence shows that in 41 instances where courts have used section 3 interpretations, Parliament has not responded, indicating a significant communication gap.
What percentage of cases show a lack of response from Parliament to judicial interpretations under section 3?
About 80% of cases show a lack of response from Parliament, underscoring persistent disengagement on human rights issues between the judiciary and Parliament.
How has Lord Steyn’s opinion in the Ghaidan case affected judicial use of interpretative power under section 3?
Lord Steyn’s opinion in the Ghaidan case has influenced how courts use their interpretative power under section 3, although legislative follow-up remains minimal.
What does an analysis of 59 judgments involving section 3 reveal about legislative reactions?
An analysis of 59 judgments involving section 3 shows minimal legislative reaction, with the case of M, Appellant being a notable exception where the legislature implicitly rejected a court’s interpretation.
What might the general absence of legislative amendments following judicial interpretations indicate?
The general absence of legislative amendments following judicial interpretations might suggest a deep-seated disagreement with the judiciary’s decisions on human rights.
