And the fact of this judicial role has a further implication, which marks the true importance, in this context, of the absence here of a written
constitution. In deciding how Convention cases should be approached we are not merely doing what the Human Rights Act
tells us. We are striking the balance between the two political moralities; and we are therefore shaping our own constitution.
This is a powerful reason why our courts should develop a municipal law of human rights. It means, with great respect, that
we should take care in our approach to exhortations such as Lord *579 Bingham's observation in R v Special Adjudicator
ex parte Ullah 19 : “The duty of national courts is to keep pace with the Strasbourg jurisprudence as it evolves over time: no
more, but certainly no less.” To fashion the distribution of power in our own constitution, to shape our own constitution, is
par excellence a domestic responsibility.
And the fact of this judicial role has a further implication, which marks the true importance, in this context, of the absence here of a writtenconstitution. In deciding how Convention cases should be approached we are not merely doing what the Human Rights Acttells us. We are striking the balance between the two political moralities; and we are therefore shaping our own constitution.This is a powerful reason why our courts should develop a municipal law of human rights. It means, with great respect, thatwe should take care in our approach to exhortations such as Lord *579 Bingham's observation in R v Special Adjudicatorex parte Ullah 19 : “The duty of national courts is to keep pace with the Strasbourg jurisprudence as it evolves over time: nomore, but certainly no less.” To fashion the distribution of power in our own constitution, to shape our own constitution, ispar excellence a domestic responsibility.
การแปล กรุณารอสักครู่..