イギリス人権法における議会と裁判所との憲法的対話

概要

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This paper examines the dialogic relationship between Parliament and the courts under the Human Rights Act 1998 (UK). In the scheme of the Act, these two institutions each have responsibility in protecting human rights, and many discussions have been devoted to the question of where the boundary of their provinces exists. Recently, however, there have been some strong arguments from the perspective of 'constitutional dialogue.' In analysing these arguments, the author alleges two natures in the dialogical relationship, ie, 'promotion of human rights culture' and 'improvement of parliamentary intensions', and examines how Parliament and the courts interact with each other through the word of Act of Parliaments and Hansard, and convention-compatible interpretations and declarations of incompatibility. The sections of this paper are as follows: i Introduction ii Human Rights Act 1998 (UK) iii The role of Parliament in the HRA iv The role of the courts in the HRA v Two natures of dialogic relationship vi The language of the constitutional dialogue vii Conclusion and some remarks
2008-05-15