Human Rights in the UK and the Influence of Foreign Jurisprudence
represents the first major empirical study of the use of foreign
jurisprudence at the UK Supreme Court. This book focuses on the patterns
of use and non use of rulings from foreign domestic courts in human
rights cases before the UK Supreme Court. Results are drawn from
quantitative and qualitative research, presenting data from the first
eight years of Supreme Court activity. The evidence includes interviews
with active and former members of the senior judiciary, as well as a
focus group including some of the Supreme Court Judicial Assistants. It
is argued that foreign jurisprudence is more intimately woven into the
fabric of judicial reasoning, and serves a wider range of functions,
than the term 'persuasive authority' might imply. Foreign jurisprudence
is used mainly as a heuristic device, providing judges with a fresh
analytical lens. Foreign jurisprudence is also important when
interpreting a common legislative scheme, supporting dialogue between
the Supreme Court and supranational courts such as the European Court of
Human Rights. The perspectives offered by foreign jurisprudence can
also support a stronger conception of domestic human rights. In these
ways, this book addresses a broader political question about the source
of human rights in the UK
