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: https://doi.org/10.1111/hojo.12017

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.

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