A Democratic Dialogue? Parliament and Human Rights in The United Kingdom

The protection of human rights is an inherent feature of a liberal-democracy, but there is the potential for conflict between the legislature as the representative body of the people and the courts as the interpreters of the laws protecting human rights. This article advances three models of the relationship between the legislature and the courts (the respective autonomy, competing authority, and democratic dialogue models) and addresses the extent to which the relationship between Parliament and the courts in the UK fits any one. Despite some sporadic conflict, the relationship falls primarily within that of democratic dialogue and has become more pronounced since the passage of the Human Rights Act 1998.