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The politics of prisoner legal rights

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Scott, David ORCID: 0000-0002-4176-0466 (2013) The politics of prisoner legal rights. Howard Journal of Criminal Justice, 52 (3). pp. 233-250. ISSN 0265-5527

Preview	PDF (Author's pre-print) - Submitted Version 1MB
	PDF (Publisher's pre-print for classroom teaching and internal training purposes at UCLan) - Published Version Restricted to Registered users only 166kB

Official URL: http://dx.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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