Repeal the HRA and Rely on the Common Law?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review


This piece contemplates whether the common law could fill the gaps in human rights protection if the UK's Human Rights Act 1998 were to be repealed. It looks at how the common law protected human rights before the Act came into force, what difference the Act has made, how the common law has become side-lined as a result, how in recent cases it has begun to play a more central role, and what more more needs to be done to develop it in ways which ensure that if the Human Rights Act were to be repealed it would not be particularly missed.
Original languageEnglish
Title of host publicationThe UK and European Human Rights: A strained relationship?
EditorsKatja S. Ziegler, Elizabeth Wicks, Loveday Hodson
Place of PublicationOxford and Portland, Oregon
PublisherHart Publishing
ISBN (Print)978-1-84946-795-7
Publication statusPublished - 22 Oct 2015


  • Human Rights Act 1998
  • Human Rights Act
  • Common law

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