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Author: Matthew Saul
Publisher: Cambridge University Press
ISBN: 110718374X
Category : Law
Languages : en
Pages : 417
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Book Description
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Author: Matthew Saul
Publisher: Cambridge University Press
ISBN: 110718374X
Category : Law
Languages : en
Pages : 417
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Book Description
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Author: Murray Hunt
Publisher: Bloomsbury Publishing
ISBN: 1782254382
Category : Law
Languages : en
Pages : 756
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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
Author: Tom Campbell
Publisher: OUP Oxford
ISBN: 0199606072
Category : Law
Languages : en
Pages : 548
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Book Description
The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights. This group of twenty-four leading human rights scholars from around the world present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values.
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
Author: David Beetham
Publisher: Inter-Parliamentary Union
ISBN: 9291423661
Category : Democracy
Languages : en
Pages : 226
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Book Description
Author: Grégoire Webber
Publisher: Cambridge University Press
ISBN: 1108642500
Category : Political Science
Languages : en
Pages : 223
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Book Description
The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
Author: Marc van der Hulst
Publisher: Inter-Parliamentary Union
ISBN: 9291420565
Category : Legislators
Languages : en
Pages : 162
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Book Description
Undersøgelse af parlamentsmandatet baseret på svar på IPU-spørgeskema fra 134 parlamenter. Svarene er sammenlignet systematisk med de respektive forfatninger, lovgivning og parlamentsforretningsordener.
Author: Taylor & Francis Group
Publisher: Routledge
ISBN: 9781032019628
Category :
Languages : en
Pages : 148
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Book Description
This book explores recent developments pointing towards a 'domestic institutionalisation of human rights', composed of converging international trends prescribing the setting-up of domestic institutions, and the need for a national human rights systems approach. Building on new compliance theories, innovative arrangements have resolutely appeared around the turn of the Millennium and some are now legally enshrined in human rights treaties. In their introduction, the editors capture these developments, their main elements, and key points of debate. They outline a research agenda aimed at structuring and generating further attention both from academics and practitioners. As a steppingstone, the book singles out the purposeful attempt by the United Nations and others to frame these trends around the concept of 'National Human Rights System'. The chapters assess various models and cases put forward for such systems. Each highlight the specific forms of institutions being promoted, their intended domestic interactions, and discuss how these institutions are leveraged and strengthened by international bodies. Authors critically review their implications for the future of human rights, paving the way for additional research. The chapters in this book were originally published as a special issue of the Nordic Journal of Human Rights.
Author: Janet L. Hiebert
Publisher: Cambridge University Press
ISBN: 1316240673
Category : Law
Languages : en
Pages : 503
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Book Description
Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function.
Author: Alice Donald
Publisher: Oxford University Press
ISBN: 0198734247
Category : Law
Languages : en
Pages : 369
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Book Description
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.
