Common Law Constitutionalism & Human Rights Protection

The Human Rights Act 1998 is not the only way of protecting rights. Common law provides another mechanism of doing so and the point of this post is highlight how the common law does and has done in the past. This post looks at case law protecting and ignoring human rights pre and post the Human Rights Act, followed by on some key points made by Fenwick (2007) on rights protection in the British Constitution.

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