Judicial deference and feminist method

Samuels, H. 2014. Judicial deference and feminist method. Public Law. July 2014, pp. 512-528.

TitleJudicial deference and feminist method
TypeJournal article
AuthorsSamuels, H.
Abstract

Argues that it is possible to discern the techniques of feminist legal method in judicial decisions concerning the degree of deference that should be shown to Parliament or the executive when applying the Human Rights Act 1998. Analyses the feminist legal method concept and its links to the adjudicative process. Reviews the theories of judicial deference put forward by jurists and how they compare with claims about feminist legal method. Discusses examples of "feminist" decisions on judicial deference in immigration cases invoking the European Convention on Human Rights 1950 art.8.

JournalPublic Law
Journal citationJuly 2014, pp. 512-528
ISSN0033-3565
Year2014
PublisherSweet & Maxwell Ltd.
Publication dates
PublishedJul 2014
Page range512-528

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