Brewing up reasons
Accepted version
Peer-reviewed
Repository URI
Repository DOI
Change log
Authors
Daly, P
Abstract
IT is trite law that good reasons must be given to justify infringements of fundamental rights protected by the European Convention on Human Rights, as incorporated into domestic law by the Human Rights Act 1998. But what reasons can one count as good reasons? In Re Brewster's Application [2017] UKSC 8; [2017] 1 W.L.R. 519, the United Kingdom Supreme Court addressed the question of how much deference courts should afford to post hoc rationalisations of decisions challenged for non-compliance with the Convention. The answer given by Lord Kerr, with whom Lady Hale, Lord Wilson, Lord Reed and Lord Dyson agreed, is interesting in its own terms and may have implications outside the confines of the Convention.
Description
Keywords
4803 International and Comparative Law, 48 Law and Legal Studies, 4807 Public Law, 16 Peace, Justice and Strong Institutions
Journal Title
The Cambridge Law Journal
Conference Name
Journal ISSN
0008-1973
1469-2139
1469-2139
Volume Title
76
Publisher
Cambridge University Press