A jurisprudence-based analysis of the judiciary's seemingly mistaken anthropomorphizing of commercial entities through self-misconceived perceptions of their statutory obligations under ss 2 and 3 HRA 1998 which might in fact be a clever mechanically convenient subterfuge, designed to both: (a) appease and appear to conform to the 'elective dictatorship' of their parliamentary masters; and, (b) implement their personal prejudgment of what the individual judge 'in good conscience', perceives as being the best interest outcome for the social majority. Irrespective of the reader's philosophical perspective, a more transparent alternative is offered, safeguarding the fundamentally important principle of justice through certainty.
This first part of a two-part article examined all the human rights cases reported in Lloyd's Law Reports and the (commercial) All England Law Reports from October 2000 to December 2010 and analyzes them.
This second part of the article contains the author's conclusions.
Business Law Review