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23 - Orthodox Principles and Unconventional Outcomes in Public Law

from Human Rights and the State

Published online by Cambridge University Press:  05 May 2022

Rosemary Hunter
Affiliation:
University of Kent, Canterbury
Erika Rackley
Affiliation:
University of Kent, Canterbury
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Summary

This chapter sketches Lady Hale’s contributions to public law, which have four distinctive characteristics. First, she has tried, not always successfully, to extend legal protection for vulnerable people against official indifference or inefficiency. Second, she has combined pragmatism with principle in mapping the frontiers between the competences of tribunals and courts. Third, she has used law to enhance political accountability for executive actions. Fourth, she has extended legal control of special privileges and exceptional powers of political élites. In doing so, she has challenged élite privilege, and given content (not uncontroversially) to constitutional principles, including the rule of law, responsible government, representative democracy and parliamentary sovereignty.

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Chapter
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Justice for Everyone
The Jurisprudence and Legal Lives of Brenda Hale
, pp. 255 - 268
Publisher: Cambridge University Press
Print publication year: 2022

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