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Privacy RevisitedA Global Perspective on the Right to Be Left Alone$
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Ronald J. Krotoszynski, Jr.

Print publication date: 2016

Print ISBN-13: 9780199315215

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199315215.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 January 2022

The United Kingdom

The United Kingdom

Privacy in the United Kingdom: On the Perils and Promise of Weak-Form Judicial Review in Securing Privacy Rights

Chapter:
(p.115) Chapter 5 The United Kingdom
Source:
Privacy Revisited
Author(s):

Ronald J. Krotoszynski Jr.

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199315215.003.0005

This chapter examines the concept of privacy in the United Kingdom. Although the U.K. lacks a written constitution and the British judiciary does not possess the power of judicial review, one would be mistaken to think that privacy lacks either legal or cultural salience as a result. In fact, in both common law cases and in other contexts, the British courts are remarkably receptive to privacy-based claims-notwithstanding the doctrine of parliamentary sovereignty. The U.K. provides powerful evidence that protection of a particular right need not rest solely on an express, judicially enforceable constitutional right, but may enjoy protection if the interest in question otherwise resonates within a particular legal culture. At the same time, however, privacy seems less completely and effectively protected in the U.K. than in other jurisdictions because judges do not view it as an appropriate institutional role to devise and deploy major new social policies.

Keywords:   United Kingdom, Parliament, parliamentary sovereignty, Human Rights Act, judicial review, privacy

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