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This article considers the impact of the United Kingdom’s Human Rights Act 1998 upon the respective functions of the UK legislature and judiciary. It argues that, notwithstanding the UK’s Diceyean heritage and the overarching commitment to a traditional understanding of parliamentary sovereignty, the Human Rights Act is best understood as ‘constitutional statute’ which has propelled the courts into a more dynamic role in which a degree of judicial creativity or law-making on rights questions is now evident. The discussion explores debates around the form and constitutional propriety of the enhanced judicial role by reference to models of dialogic constitutionalism before assessing which model best characterises case law developments since 2000.
