On 'domestic' law and the law of human rights: Osborn v the Parole Board
On 'domestic' law and the law of human rights: Osborn v the Parole Board
This piece considers the decision of the Supreme Court in Osborn v The Parole Board, on the circumstances in which natural justice requires that prisoners be afforded an oral hearing before the Parole Board. It analyses the terms of that decision, and suggests that it demonstrates the difficulties faced by public bodies who attempt to provide the minimum degree of procedural fairness required by law - the common law's ongoing evolution makes this strategy problematic. It further considers the account offered by Lord Reed of the relationship between 'domestic' and human rights law, praising it for its attempt to return the common law grounds of review to the centre of public law and the light thereby shed on what might be gained, or not, from the repeal of the Human Rights Act.
147-154
Scott, Paul
d83e2317-35ca-4db4-9788-5752834c3b4b
3 October 2014
Scott, Paul
d83e2317-35ca-4db4-9788-5752834c3b4b
Scott, Paul
(2014)
On 'domestic' law and the law of human rights: Osborn v the Parole Board.
King's Law Journal, 25 (2), .
(doi:10.5235/09615768.25.2.147).
Abstract
This piece considers the decision of the Supreme Court in Osborn v The Parole Board, on the circumstances in which natural justice requires that prisoners be afforded an oral hearing before the Parole Board. It analyses the terms of that decision, and suggests that it demonstrates the difficulties faced by public bodies who attempt to provide the minimum degree of procedural fairness required by law - the common law's ongoing evolution makes this strategy problematic. It further considers the account offered by Lord Reed of the relationship between 'domestic' and human rights law, praising it for its attempt to return the common law grounds of review to the centre of public law and the light thereby shed on what might be gained, or not, from the repeal of the Human Rights Act.
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e-pub ahead of print date: 3 October 2014
Published date: 3 October 2014
Organisations:
Southampton Law School
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Local EPrints ID: 369685
URI: http://eprints.soton.ac.uk/id/eprint/369685
ISSN: 0961-5768
PURE UUID: 9af8a721-8e86-4da9-87de-29772a1452f9
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Date deposited: 09 Oct 2014 12:30
Last modified: 14 Mar 2024 18:07
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Paul Scott
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