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She studied Law and French at the University of Birmingham, before coming to Hertford College, obtaining BCL and D Phil. She was a tutor in law and a Fellow of Balliol College from 1997 to 2000, before returning to Hertford as a Fellow and Tutor in law in October 2000.
Her D Phil examined defamation law and freedom of expression and she currently researches in applied constitutional theory, public law and human rights, particularly freedom of expression. She is the author of Parliamentary Sovereignty and the Human Rights Act (Hart, 2009).
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A L Young, 'A Peculiarly British Protection of Human Rights' (2005) 65 Modern Law Review 858 [...]
Review article of Gearty, "Principles of Human Rights Adjudication".
ISBN: 0026-7961
A L Young, 'Courts and Political Institutions: a Comparative View' [2004] Public Law 463 [Review]
A L Young, 'Deference, Dialogue and the Search for Legitimacy' (2010) Oxford Journal of Legal Studies 815 [...]
DOI: 10.1093/ojls/gqq028
This review article discusses the relationship between deference and the presumption of constitutionality, as discussed in Brian Foley’s book, Deference and the Presumption of Constitutionality. Foley argues for the rejection of the presumption of constitutionality as it operates in the Irish Constitution, proposing instead a ‘due deference’ approach. This approach would require courts to give varying degrees of weight to the legislature’s conclusions that particular legislative provisions are constitutional. The article praises Foley’s book, particularly its stronger justification of due deference which focuses on its ability to foster a culture of justification which, in turn, facilitates popular sovereignty. The review also provides a criticism of the argument made in the book and discusses its application to the UK constitution. First, the review argues that the focus on constitutional as opposed to institutional factors to determine deference may, in practice, undermine Foley’s justification of due deference. Second it argues that Foley’s justification of deference may be best served in the UK constitution by a theory of democratic dialogue as opposed to the application of due deference.
A L Young, 'Democracy through law' [2006] Public Law 873 [Review] [...]
Book review of Johan Steyn, Democracy through Law.
ISBN: 0033-3565
A L Young, 'Ghaidan v Godin-Mendoza: Avoiding the Deference Trap' [2005] 2005(Spring) Public Law 23
Teaching: Constitutional and Administrative Law; European Union Law; Human Rights Law; Philosophy of Law; Comparative Public Law
Research: Constitutional Theory, Human Rights, Public law and European Union law.
Contact details:
other affiliation(s):
Hertford College
Catte Street
Oxford OX1 3BW
Centre for Competition Law & Policy