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Parliaments and Human Rights: Redressing the Democratic Deficit: Hart Studies in Comparative Public Law

Editat de Murray Hunt, Hayley J Hooper, Paul Yowell
en Limba Engleză Paperback – 28 iun 2017
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
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Specificații

ISBN-13: 9781509915453
ISBN-10: 1509915451
Pagini: 538
Dimensiuni: 299 x 173 x 30 mm
Greutate: 0.85 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Comparative Public Law

Locul publicării:London, United Kingdom

Caracteristici

The book aims to present a complete picture of the parliamentary protection of human rights which will interest both academic scholars and practitioners.

Notă biografică

Murray Hunt is Legal Adviser to the Joint Committee on Human Rights of the United Kingdom Parliament and a Visiting Professor of Law at the University of Oxford.Hayley J Hooper is a Junior Research Fellow at Homerton College, University of Cambridge.Paul Yowell is a Fellow in Law at Oriel College, University of Oxford.

Cuprins

1. IntroductionMurray Hunt, Hayley Hooper and Paul YowellPART I: LEGISLATIVE REVIEW FOR HUMAN RIGHTS COMPATIBILITY2. Finding and Filling the Democratic Deficit in Human RightsDavid Kinley3. Legislative Rights Review: Addressing the Gap Between Ideals and ConstraintsJanet Hiebert4. The role of Parliaments following judgments of the European Court of Human RightsPhil Leach and Alice DonaldPART II: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK PARLIAMENT5. The Joint Committee on Human RightsDavid Feldman6. The Joint Committee on Human Rights: A Hybrid Breed of Constitutional WatchdogAileen Kavanagh7. How has the Joint Committee on Human Rights affected legislative deliberation?Paul Yowell8. Parliament's Role following Declarations of Incompatibility under the Human Rights ActJeff KingPART III: LEGISLATIVE HUMAN RIGHTS REVIEW IN OTHER PARLIAMENTS9. Australia's Exclusive Parliamentary Model of Rights ProtectionGeorge Williams and Lisa Burton10. Legislative Review for Human Rights Compatibility: A View from SwedenThomas Bull and Iain Cameron11. Guaranteeing international human rights standards in The Netherlands: the Parliamentary dimensionMartin Kuijer12. Human rights in the European ParliamentGeoffrey Harris13. The protection of human rights in the legislative process in ScotlandBruce Adamson14. Human rights in the Northern Ireland AssemblyDavid Russell15. Human rights in the Welsh AssemblyAnn SherlockPART IV: INTERNATIONAL INITIATIVES TO INCREASE THE ROLE OF PARLIAMENTS IN RELATION TO HUMAN RIGHTS16. The work of the Inter-Parliamentary UnionIngeborg Schwarz17. The work of the Parliamentary Assembly of the Council of Europe Andrew Drzemczewski and Julia Lowis18. The work of the Westminster Foundation for DemocracyGeorge Kunnath and Angela PatrickPART V: THE IMPLICATIONS OF LEGISLATIVE RIGHTS REVIEW FOR COURTS19. The Use of Parliamentary Materials by Courts in Proportionality JudgmentsHayley Hooper20. Democratic Deliberation and Judicial ReviewLiora Lazarus21. The Varied Roles of Courts and Legislatures in Rights ProtectionKent RoachPART VI: A DEMOCRATIC CULTURE OF JUSTIFICATION22. What is a Democratic Culture of Justification?David Dyzenhaus23. From Dialogue to Deliberation: Human Rights Adjudication and Prisoners' Right to VoteSandy Fredman24. Conclusion: Can Human Rights be Democratised?Murray Hunt

Recenzii

This new volume by Hunt, Hooper and Yowell considers the more precise issue of how parliaments engage with matters of human rights. The papers in this book make clear that Australian readers have much to learn on the topic because the many authors shed light on structures and approaches from other jurisdictions that are far moredetailed and rigorous than those in Australia.

Descriere

This book is the first volume to unite theoretical and practical insights into the protection of human rights by legislatures from a number of domestic jurisdictions, international organisations, and leading scholars.