The Open UniversitySkip to content
 

The Politics of Prisoner Legal Rights

Scott, David (2013). The Politics of Prisoner Legal Rights. The Howard Journal of Criminal Justice, 52(3) pp. 233–250.

DOI (Digital Object Identifier) Link: https://doi.org/10.1111/hojo.12017
Google Scholar: Look up in Google Scholar

Abstract

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 England and Wales is then explored by contrasting a number of judgments since October 2000 in the domestic courts and European 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.

Item Type: Journal Item
ISSN: 0265-5527
Academic Unit/School: Faculty of Arts and Social Sciences (FASS) > Social Sciences and Global Studies > Social Policy and Criminology
Faculty of Arts and Social Sciences (FASS) > Social Sciences and Global Studies
Faculty of Arts and Social Sciences (FASS)
Item ID: 51594
Depositing User: David Scott
Date Deposited: 27 Oct 2017 14:46
Last Modified: 06 Aug 2019 08:51
URI: http://oro.open.ac.uk/id/eprint/51594
Share this page:

Metrics

Altmetrics from Altmetric

Citations from Dimensions

Actions (login may be required)

Policies | Disclaimer

© The Open University   contact the OU