|
If you are seeing this message, you may be experiencing temporary network problems. Please wait a few minutes and refresh the page. If the problem persists, you may wish to report it to your local Network Manager.
It is also possible that your web browser is not configured or not able to display style sheets. In this case, although the visual presentation will be degraded, the site should continue to be functional. We recommend using the latest version of Microsoft or Mozilla web browser to help minimise these problems.
Wiley InterScience | |||||||||||||||
  Journal of Law and SocietyVolume 32 Issue 4, Pages 534 - 561 Published Online: 30 Nov 2005 © 2009 Cardiff University Law School
Abstract | Full Text: PDF (Size: 185K) | Related Articles | Citation Tracking  Harnessing the Power of the Past? Lord Hoffmann and the Belmarsh Detainees Case I would like to thank Mark Aronson, Stephen Bailey, Devika Hovell, and Sangeeta Shah for their comments on an earlier draft. Copyright Cardiff University Law School 2005 ABSTRACTThis article examines styles of judicial reasoning under the Human Rights Act. It uses Lord Hoffmann's short speech in the Belmarsh Detainees case as a springboard from which to explore some important developments. The first part of the article examines the way in which some judges are 'turning to the local' by using historical examples as a means of countering powerful lines of argument run by the government in defence of its anti-terrorist policies. Later in the article, I turn to investigate the use of strategic decision-making by judges when applying the HRA. I conclude by asking whether the introduction of the HRA might lead to the development of a strange counterpoint between internationalist and nationalist rhetoric in judicial decision-making. | 
|
IT'S TIME TO RENEW
|
|
 | |||||||||||
