The Pattern of Institutional Dialogue

Aruna Sathanapally

in Beyond Disagreement

Published in print October 2012 | ISBN: 9780199669301
Published online January 2013 | e-ISBN: 9780191744648 | DOI:
The Pattern of Institutional Dialogue

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This chapter analyses the overall pattern of response to declarations of incompatibility (DOIs) under the HRA. It demonstrates how, rather than forge a new path, they have followed a similar path to other, more coercive open remedies in stronger systems of judicial review. It identifies the factors giving rise to this pattern and highlights important subtleties in the practical operation of DOIs. The analysis challenges suggestions that the political branches have been dominated by judges and have not played a significant decision-making role. The chapter also examines the extent to which the structures of the HRA supported public justification and accountability for remedial choices.

Keywords: empirical analysis; Parliament; House of Commons; House of Lords; Joint Committee of Human Rights; Ministry of Justice; remedial orders; passive resistance

Chapter.  17452 words. 

Subjects: Human Rights and Immigration

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