Human Rights Law

constitutional doctrine of parliamentary sovereignty. The parliament is supreme and the law made by the parliament cannot be reviewed by the judiciary. The traditional approaches to judicial review seen in other countries with similar common law traditions, such as the US, where the courts can review legislation, are not seen in the UK. Justice Coke in Dr. Bonham’s case did speak about judicial review over the King’s actions and it is a fact that this case went on to become an important source for understanding the due process doctrine in the US, for instance in the celebrated Marbury v Madison case. However, it did not have the radical impact on English approaches to supremacy of primary law and the restraint on judiciary to review primary law.

The three pillars of the United Nations Guiding Principles on Business and Human Rights are “Protect, Respect and Remedy” (Human Rights Council, 2011). Out of these three pillars, remedy is the most important pillar because without remedy, protection and respect of human rights are superfluous and have no real impact. The following is the outline for the essay.