Transcription of INTERPRETATIVE AND DEFERENCE BASED …
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INTERPRETATIVE AND DEFERENCE BASED …
Brian Foley 1 INTERPRETATIVE AND DEFERENCE BASED MODELS OF JUDICIAL RESTRAINT IN THE irish constitution Brian Foley, Barrister-at-Law, Candidate, Trinity College Dublin* Introduction There is a considerable disagreement over the extent to which British courts may legitimately defer to legislative or executive interpretation of the European Convention on Human Rights. This disagreement is not limited to the law-journals,1 but weaves throughout Britain s burgeoning human rights However, very few seem to believe that DEFERENCE is illegitimate per se. Rather, the disagreement centres on the extent of its practice. So, within the disagreement one can find a very important consensus most agree that, in principle, some degree of DEFERENCE is legitimate and therefore that authority over Convention interpretation can be apportioned between the legislature or executive and the courts.
Interpretative and Deference Based Models of Judicial Restraint In The Irish Constitution 2 this view, authoritative reading of the …
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