Moving away from common sense : the impact of the juridification of human rights

Kang-Riou, Nicolas (2019) Moving away from common sense : the impact of the juridification of human rights. In: Critically Examining the Case Against the 1998 Human Rights Act. Routledge, pp. 169-184. ISBN 9781138223820

Full content URL: https://doi.org/10.4324/9781315310053

Documents
Moving away from common sense : the impact of the juridification of human rights
Authors' Accepted Manuscript
[img] PDF
N Kang-Riou_Common sense and the juridification of human rights_2017.pdf - Whole Document
Restricted to Repository staff only

489kB
Item Type:Book Section
Item Status:Live Archive

Abstract

This chapter insists on taking seriously the criticism that there has been a loss of ‘common sense’ in the application of the law due to the application of the HRA. It can appear that the criticisms made by the press against the court(s) are valid because they relate to a common view of what human rights should be and that human rights law only incidentally follows such a view.

In many aspects they are actually far apart. Quite often the language used by the European Court of Human Rights is substantially different from the ‘common view’ expressed by the media. As human rights transformed into a legal language, it has been taken over by lawyers and legal institutions which alter both its form and substance. The legalisation of the human rights produce a modification of the content of the human rights away from a common sense of justice and at the same time give to expert judges powers which traditionally rested in domestic politics.

Keywords:Human rights law
Subjects:M Law > M210 Public Law
Divisions:College of Social Science > Lincoln Law School
ID Code:42119
Deposited On:11 Nov 2020 14:47

Repository Staff Only: item control page