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영국의 1998년 인권법(Human Rights Act 1998)이 사법관계에 미치는 영향 : The Horizontality of the Human Rights Act 1998 of the United Kingdom
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- Authors
- Issue Date
- 2002
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.43 No.1, pp. 125-158
- Keywords
- Human Rights Act 1998 ; parliamentary sovereignty ; 유럽인권법원 ; Rights 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
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