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Alison Young

CUF Lecturer 

Alison Young is a lecturer in law and a fellow of Hertford College, Oxford. She has taught law at Oxford since 1995, and was a fellow of Balliol from 1997 to 2000.


Subject groups : Constitutional and Administrative Law : European Community Competition Law : European Community Law : Human Rights Law : Philosophy of Law : Comparative Public Law

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A L Young, Parliamentary Sovereignty and the Human Rights Act ( 2009)

Abstract: The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that the courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected, alongside other rights, interests and goals in a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.


ISBN: 978-1-84113-830-5

A L Young, 'In Defence of Due Deference' (2009) 72 Modern Law Review 554-580

DOI: http://authorservices.wiley.com/bauthor/WISproxy.asp?doi=10.

Abstract: The doctrine of deference permeates human rights review. It plays a role in de˘ning Convention rights, in determining the nature of the proportionality test applied when analysing non-absolute rights, as well as in deciding the stringency of its application. The role of deference has recently been subjected to both judicial and academic criticism, some of which advocates the demise of the doctrine. This article develops a contextual account of deference that is justi˘ed for epistemic reasons, rather than reasons of relative authority. This conception is able to withstand current criticism and ismodest enough to play a role in a range of diĦerent justi˘cations and understandings of judicial review under theHuman Rights Act.The article then provides amore detailed account of deference, taking account of the relative institutional features of the legislature, executive and judiciary, without running the risk that the court fails to performits constitutional function of protecting individual rights.


A L Young, 'Horizontality and the Human Rights Act 1998' in Katja S Ziegler (ed), Human Rights and Private Law: Privacy as Autonomy (Hart Publishing 2007)

A L Young, 'Ghaidan v Godin-Mendoza: Avoiding the Deference Trap' (2005) 2005(Spring) Public Law 23-34

A L Young, 'Hunting Sovereignty: Jackson v Attorney General' (2006) 2006(Summer) Public Law 187-197

A L Young and NW Barber, 'The Rise of Prospective Henry VIII Clauses and their Implications for Sovereignty' (2003) 2003(Spring) Public Law 112-127

Other notes:50:50 contribution by the two co-authors.


ISBN: 0033-3565


Correspondence address: Hertford College, Catte Street
Oxford OX1 3BW

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