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Litigating Rights: Perspectives from Domestic and International Law

Editat de Grant Huscroft, Paul Rishworth
en Limba Engleză Hardback – 22 ian 2002
How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.
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Specificații

ISBN-13: 9781841131948
ISBN-10: 1841131946
Pagini: 368
Dimensiuni: 156 x 234 x 29 mm
Greutate: 0.65 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

How are rights and freedoms best protected? This and many other questions are discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the US, Canada, New Zealand, and the UK.

Notă biografică

Grant Huscroft is a Professor of Law at the University of Western Ontario.Paul Rishworth teaches at the University of Auckland, New Zealand.

Cuprins

Part I-Judicial Review and Bills of Rights1. Rights, Bills of Rights, and the Role of Courts and LegislaturesGrant Huscroft2. The Bill of Rights: Confirmation of Extant Freedoms or Invitation to Judicial Creation?Justice Antonin Scalia3. Rights, Paternalism, Constitutions and JudgesJames Allan4. Judicial Review, Human Rights and DemocracyAndrew S Butler5. Human Rights Review and the Public-Private DistinctionMurray HuntPart II-Liberty and Equality6. Liberty, Equality and the New EstablishmentPaul Rishworth7. Equality Rights in Canada: Judicial Usurpation or Missed Opportunities?Justice Ian Binnie8. Concepts of Equality in International LawHilary Charlesworth9. Liberty and Equality: Complementary, Not Competing, Constitutional CommitmentsNadine StrossenPart III-Group and Indigenous Rights10. Group Rights and Constitutional RightsTim Dare11. Taking Group Rights CarefullyJeremy Waldron12. Should Maori Group Rights be Part of a New Zealand Constitution?Andrew Sharp13. Constitutionalising MaoriJustice Eddie DuriePart IV-Internationalism14. The Rule of International Law?Paul Rishworth15. The Impact of International Human Rights on Domestic LawElizabeth Evatt16. Intention and Effect: The Legal Status of the Final Views of the Human Rights CommitteeScott Davidson17. The UK's Human Rights Act 1998: An Early AssessmentIan Leigh

Recenzii

This book covers a number of issues extremely important to the litigation of rights in national systems and would be of benefit to anyone seeking to gain further insight to the myriad problems faced in providing more effective protection at this level.
[A] rich and often fascinating volumethe four essays making up the section on group rights are the single best available introduction to this higly contested area.

Descriere

This collection of essays explores how a range of contemporary issues about how rights and freedoms are best protected in various jurisdictions.