Description
Bloomsbury Publishing PLC Human Rights in the UK and the Influence of Foreign Jurisprudence by Dr Helene Tyrrell
This book explains the patterns of use and non-use of rulings from foreign domestic courts in human rights cases. The book argues that in the absence of legislative guidance the use of foreign jurisprudence is neither consistent nor systematic. The main use of foreign jurisprudence is as a heuristic device: it provides the Justices with a different analytical lens through which to reflect on their own reasoning about a problem. Some Justices also use foreign jurisprudence when interpreting a common legislative scheme and to support their conclusions. As a result the Justices use foreign jurisprudence differently according to the audience to whom their reasons are addressed.