A Crack in the Mirror: Reclaiming the Human Rights Narrative from Strasbourg in Agenda Setting Theory and Legal Narrative

Ramshaw, Adam (2022) A Crack in the Mirror: Reclaiming the Human Rights Narrative from Strasbourg in Agenda Setting Theory and Legal Narrative. European Human Rights Law Review, 2022 (2). pp. 144-162. ISSN 1361-1526

[img] Text
A_Crack_in_the_Mirror_Article_Accepted.pdf - Accepted Version
Restricted to Repository staff only until 21 April 2023.
Available under License Creative Commons Attribution Non-commercial 4.0.

Download (375kB) | Request a copy
Official URL: https://doi.org/10.3316/agis.20220421065905

Abstract

The Human Rights Act 1998 has been a contentious instrument since its inception. A particular challenge created by the Act has been ascertaining the weight to be given to the judgments of the European Court of Human Rights. The mirror principle was conceived by Lord Bingham to provide guidance on this, however, the courts' approach to the principle has been inconsistent. This article uses the UK Supreme Court's changing approach to the mirror principle to demonstrate that the court is now increasingly aware of its role as a communicative actor within the wider state. This phenomenon is demonstrated with reference to agenda-setting theory, frame analysis, and narrative which show that the Supreme Court appreciates its role as an institutional actor within the state and that in this role it is aware of how its judgments are perceived by other institutional actors and the public generally.

Item Type: Article
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 11 Mar 2022 13:12
Last Modified: 18 May 2022 11:45
URI: http://nrl.northumbria.ac.uk/id/eprint/48662

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics