Publications

Detailed Information

영국의 1998년 인권법(Human Rights Act 1998)이 사법관계에 미치는 영향 : The Horizontality of the Human Rights Act 1998 of the United Kingdom

Cited 0 time in Web of Science Cited 0 time in Scopus
Authors

윤진수

Issue Date
2002
Publisher
서울대학교 법학연구소
Citation
법학, Vol.43 No.1, pp. 125-158
Keywords
Human Rights Act 1998parliamentary sovereignty유럽인권법원Rights Brought Home
Abstract
This Article is to examine the influence of the Human Rights Act 1998

[hereinafter HRA] in the British legal system. HRA has incorporated into

domestic law the rights and freedoms guaranteed by the European Convention

on Human Rights as Convention rights. There has been a fierce controversy

in U. K. as whether HRA has horizontal effect, in other words, it may

influence on the Common Law that governs the relations between private

parties.

Although some argue that HRA has only vertical effect, so it applies only

to the relations between the public authorities and private bodies, it is shared

that HRA has horizontal effect. Recently the Court of Appeal in Douglas v.

Hello! and the High Court in Venables v. News Group Newspapers Ltd. have

recognized the horizontal effect of the HRA. However, the extent of the

horizontal effect is not clear. Some commentators argue that HRA have

direct horizontal effect as strong as the vertical effect. But many support the

position that HRA has only indirect influence on the common law(indirect

horizontal effect).
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/9084
Files in This Item:
Appears in Collections:

Altmetrics

Item View & Download Count

  • mendeley

Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.

Share