The first in-depth analysis of the influence and incorporation of non-UK human rights jurisprudence into UK human rights jurisprudence, as developed by the UK's higher courts.
1. Introduction I. Structure of the Book II. Style 2. Research Methodology I. Research Parameters II. Interviews 3. Legitimacy and Authority I. Persuasive Authority II. The Influence of Domestic v Supranational Jurisprudence III. Conclusions 4. The Purpose of Foreign Jurisprudence I. Many Minds II. Decoration III. Courtesy IV. Supplements V. Consensus VI. Conclusions 5. Foreign Jurisprudence in the UK Supreme Court I. The Extent to Which Foreign Jurisprudence is Used II. The Individual Approaches of the Justices III. Accessing Foreign Jurisprudence IV. The Influence of Common Law Jurisdictions V. The Effect of Changing Judgment Styles VI. Conclusions 6. Foreign Jurisprudence as a Heuristic Tool I. Gap Filling II. An Analytical Lens III. Reassurance IV. Conclusions 7. The Pursuit of a Common Enterprise I. Using Foreign Jurisprudence to Promote Uniformity II. Uniformity under the Human Rights Act III. The Absence of a Supranational Court IV. Conclusions 8. Instrumental Uses of Foreign Jurisprudence I. To Confirm or Bolster Conclusions II. The Absence of Strasbourg Jurisprudence III. 'Departing' from Strasbourg IV. Conclusions 9. Conclusions I. An Absence of Guiding Principles II. The Individual Approaches of the Justices III. Foreign Jurisprudence as a Heuristic Tool IV. Providing a Given Audience with Reasons V. The Effect of Changing Working Methods VI. Reflections on Judicial Reasoning at the Supreme Court
Helene Tyrrell is a Lecturer at the Newcastle University School of Law.
Tyrrell has a knack for bringing to light a number of fascinating issues which do not get raised in the mainstream literature... This is an accomplished and thought-provoking book. -- Lewis Graham, Pembroke College, University of Cambridge * Public Law *