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Revisiting section 3(1) of the Human Rights Act

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Discusses difficulties with the interpretation of the Human Rights Act 1998 s.3(1). Considers the House of Lords ruling in Re S (Children) (Care Order: Implementation of Care Plan) in which s.3(1) was interpreted as meaning that a reading of legislation should not depart substantially from a fundamental feature of an Act of Parliament. Refutes criticisms of the author's article Reconciling Parliamentary Democracy and Human Rights in L.Q.R. 2002, 118(Apr), 248-269 made by Gavin Phillipson in (Mis)-reading Section 3 of the Human Rights Act in L.Q.R. 2003, 119(Apr), 183-188.

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en

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http://eprints.lse.ac.uk/4620/

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