Book contents
- Justice for Everyone
- Justice for Everyone
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Treaties and Conventions
- Brenda Hale Bibliography
- Part I Introduction
- Part II Personal Reflections
- Part III Academic
- Part IV Law Commissioner
- Part V Judge
- Judicial Leadership
- Family Law and Children’s Rights
- Human Rights and the State
- 23 Orthodox Principles and Unconventional Outcomes in Public Law
- 24 Lady Hale
- 25 Baroness Hale
- 26 ‘A Homemaker as Well as a Judge’
- 27 Gender Equality and Article 14 ECHR
- Private Law and the Individual
- Part VI Creative Encounters
- Index
23 - Orthodox Principles and Unconventional Outcomes in Public Law
from Human Rights and the State
Published online by Cambridge University Press: 05 May 2022
- Justice for Everyone
- Justice for Everyone
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Treaties and Conventions
- Brenda Hale Bibliography
- Part I Introduction
- Part II Personal Reflections
- Part III Academic
- Part IV Law Commissioner
- Part V Judge
- Judicial Leadership
- Family Law and Children’s Rights
- Human Rights and the State
- 23 Orthodox Principles and Unconventional Outcomes in Public Law
- 24 Lady Hale
- 25 Baroness Hale
- 26 ‘A Homemaker as Well as a Judge’
- 27 Gender Equality and Article 14 ECHR
- Private Law and the Individual
- Part VI Creative Encounters
- Index
Summary
This chapter sketches Lady Hale’s contributions to public law, which have four distinctive characteristics. First, she has tried, not always successfully, to extend legal protection for vulnerable people against official indifference or inefficiency. Second, she has combined pragmatism with principle in mapping the frontiers between the competences of tribunals and courts. Third, she has used law to enhance political accountability for executive actions. Fourth, she has extended legal control of special privileges and exceptional powers of political élites. In doing so, she has challenged élite privilege, and given content (not uncontroversially) to constitutional principles, including the rule of law, responsible government, representative democracy and parliamentary sovereignty.
- Type
- Chapter
- Information
- Justice for EveryoneThe Jurisprudence and Legal Lives of Brenda Hale, pp. 255 - 268Publisher: Cambridge University PressPrint publication year: 2022