The Politics of Prisoner Legal Rights | Zendy

Scott David | Zendy

AI Assistant Blog Pricing

Home ZAIA Blog

Open Access

The Politics of Prisoner Legal Rights

Author(s) -

Scott David

Publication year - 2013

Publication title -

the howard journal of criminal justice

Language(s) - English

Resource type - Journals

eISSN - 1468-2311

pISSN - 0265-5527

DOI - 10.1111/hojo.12017

Subject(s) - human rights , law , politics , political science , proportionality (law) , international human rights law , interpretation (philosophy) , reservation of rights , context (archaeology) , law and economics , sociology , right to property , philosophy , linguistics , paleontology , biology

The article begins by locating human rights law within the current political context before moving on to critically review judicial reasoning on prisoner legal rights since the introduction of the Human Rights Act 1998. The limited influence of proportionality on legal discourses in E ngland and W ales is then explored by contrasting a number of judgments since O ctober 2000 in the domestic courts and E uropean Court of Human Rights ( ECtHR ). The article concludes with a discussion of the implications of the restricted interpretation of legal rights for penal reform and proposes an alternative radical rearticulation of the politics of prisoner human rights.

The content you want is available to Zendy users.

Already have an account? Click here to sign in.

Having issues? You can contact us here

Accelerating Research