Fifteenth report of session 2009-10

Fifteenth report of session 2009-10 PDF Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 9780215545299
Category : Political Science
Languages : en
Pages : 52

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Book Description
Fifteenth report of Session 2009-10 : Documents considered by the Committee on 17 March 2010, including the following recommendations for debate, EU policies until 2020, report, together with formal Minutes

Fifteenth report of session 2009-10

Fifteenth report of session 2009-10 PDF Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 9780215545299
Category : Political Science
Languages : en
Pages : 52

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Book Description
Fifteenth report of Session 2009-10 : Documents considered by the Committee on 17 March 2010, including the following recommendations for debate, EU policies until 2020, report, together with formal Minutes

Sessional returns

Sessional returns PDF Author: Great Britain: Parliament: House of Commons
Publisher: The Stationery Office
ISBN: 9780215554451
Category : Political Science
Languages : en
Pages : 256

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Book Description
On cover and title page: House, committees of the whole House, general committees and select committees

Parliaments and the European Court of Human Rights

Parliaments and the European Court of Human Rights PDF Author: Alice Donald
Publisher: Oxford University Press
ISBN: 0191093165
Category : Law
Languages : en
Pages : 419

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Book Description
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

Beyond Disagreement

Beyond Disagreement PDF Author: Aruna Sathanapally
Publisher: OUP Oxford
ISBN: 0191647977
Category : Law
Languages : en
Pages : 256

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Book Description
Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.

The Proposed National Assembly for Wales (Legislative Competence) (Local Government) Order 2009

The Proposed National Assembly for Wales (Legislative Competence) (Local Government) Order 2009 PDF Author: Great Britain: Parliament: House of Commons: Welsh Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215543158
Category : Political Science
Languages : en
Pages : 72

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Book Description
The proposed National Assembly for Wales (Legislative Competence) (Local Government) Order 2009 is the twelfth Legislative Competence Order on which the Welsh Affairs Committee has reported. The Order will give the Assembly powers in respect of the structures and work of local government in Wales at all levels. The Welsh Assembly Government has requested this power because it wishes to develop and strengthen the role of community councils and councillors in Wales. The proposed Order will allow the Welsh Assembly Government to fulfil its commitment to seek legislation to address issues identified in the 2003 'Aberystwyth Report'. The Committee agrees that a clear need for the proposed LCO has been identified and is consistent with the Government's commitment to build up the capacity of town and community councils. The proposed Order is drafted in broad and accessible terms with the minimum of exceptions and interpretation. The Committee is concerned, however, that there are now many terms used to describe the various tiers of local government in Wales and agree with the suggestions put forward that the Minister should speedily undertake a review of terminology relating to local government. Specifically the term 'community' is cited as having various meanings dependent on context. Furthermore, given that there have already been several LCO proposals identified in terms of local government, to call this the National Assembly for Wales (Legislative Competence) (Local Government) Order introduces the potential for confusion. A title such as 'National Assembly for Wale (Legislative Competence) (Community Councils) Order or similar is suggested

Housing Law and Policy

Housing Law and Policy PDF Author: David Cowan
Publisher: Cambridge University Press
ISBN: 1139502107
Category : Law
Languages : en
Pages : 509

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Book Description
An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together – both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on 'the future' that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

The Changing Constitution

The Changing Constitution PDF Author: Jeffrey L. Jowell
Publisher: Oxford University Press, USA
ISBN: 0199579059
Category : Law
Languages : en
Pages : 458

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Book Description
This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments. These are considered against a background of general principles, including constitutionalism, parliamentary sovereignty, membership of the EU, and globalisation.

The Implementation of the Findings of the African Commission on Human and Peoples' Rights

The Implementation of the Findings of the African Commission on Human and Peoples' Rights PDF Author: Rachel H. Murray
Publisher: Cambridge University Press
ISBN: 1107054923
Category : Law
Languages : en
Pages : 313

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Book Description
By what process and mechanisms can the findings of the African Commission be implemented and that implementation monitored?

Work of the Committee 2008-09

Work of the Committee 2008-09 PDF Author: Great Britain. Parliament. House of Commons. Welsh Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215542991
Category : Political Science
Languages : en
Pages : 56

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Book Description
Work of the Committee 2008-09 : Third report of session 2009-10, report, together with formal Minutes

Parliaments and Human Rights

Parliaments and Human Rights PDF Author: Murray Hunt
Publisher: Bloomsbury Publishing
ISBN: 1782254374
Category : Law
Languages : en
Pages : 540

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Book Description
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons