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Parliaments and Human Rights: Redressing the Democratic Deficit

Parliaments and Human Rights: Redressing the Democratic Deficit

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781849465618
  • 出版时间 March 2015
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509915453
¥1,175.00
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    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.

    In doing so it aims to present a complete picture of the parliamentary protection of human rights which will interest both academic scholars and practitioners. Specifically, the volume contains contributions analysing the processes of legislative protection of human rights from jurisdictions in Britain, Europe, and Australasia.

    It also contains studies on the role of the Council of Europe and the European Court of Human Rights, and a critical scholarly examination of the relationship between parliamentary and curial institutions within the context of the protection of human rights. Within the volume there are several central original contributions from key figures working at the heart of trans-national organisations dedicated to the legislative protection of human rights.

    The contributions from academic scholars investigate the consequences of legislative protection of human rights in the United Kingdom parliament drawing upon both empirical evidence and theoretical perspectives. The volume concludes with a scholarly analysis of the implications which flow from the project of democratisation of human rights in a wider context.

  • 1. Introduction Murray Hunt, Hayley Hooper and Paul Yowell

    PART I: LEGISLATIVE REVIEW FOR HUMAN RIGHTS COMPATIBILITY
    2. Finding and Filling the Democratic Deficit in Human Rights David Kinley
    3. Legislative Rights Review: Addressing the Gap Between Ideals and Constraints Janet Hiebert
    4. The role of Parliaments following judgments of the European Court of Human Rights Phil Leach and Alice Donald

    PART II: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK PARLIAMENT
    5. The Joint Committee on Human Rights David Feldman
    6. The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog Aileen Kavanagh
    7. How has the Joint Committee on Human Rights affected legislative deliberation? Paul Yowell
    8. Parliament's Role following Declarations of Incompatibility under the Human Rights Act Jeff King

    PART III: LEGISLATIVE HUMAN RIGHTS REVIEW IN OTHER PARLIAMENTS
    9. Australia's Exclusive Parliamentary Model of Rights Protection George Williams and Lisa Burton
    10. Legislative Review for Human Rights Compatibility: A View from Sweden Thomas Bull and Iain Cameron
    11. Guaranteeing international human rights standards in The Netherlands: the Parliamentary dimension Martin Kuijer
    12. Human rights in the European Parliament Geoffrey Harris
    13. The protection of human rights in the legislative process in Scotland Bruce Adamson
    14. Human rights in the Northern Ireland Assembly David Russell
    15. Human rights in the Welsh Assembly Ann Sherlock

    PART IV: INTERNATIONAL INITIATIVES TO INCREASE THE ROLE OF PARLIAMENTS IN RELATION TO HUMAN RIGHTS
    16. The work of the Inter-Parliamentary Union Ingeborg Schwarz
    17. The work of the Parliamentary Assembly of the Council of Europe Andrew Drzemczewski and Julia Lowis
    18. The work of the Westminster Foundation for Democracy George Kunnath

    PART V: THE IMPLICATIONS OF LEGISLATIVE RIGHTS REVIEW FOR COURTS
    19. The Use of Parliamentary Materials by Courts in Proportionality Judgments Hayley Hooper
    20. Democratic Deliberation and Judicial Review Liora Lazarus
    21. The Varied Roles of Courts and Legislatures in Rights Protection Kent Roach

    PART VI: A DEMOCRATIC CULTURE OF JUSTIFICATION 22. What is a Democratic Culture of Justification? David Dyzenhaus
    23. From Dialogue to Deliberation: Human Rights Adjudication and Prisoners' Right to Vote Sandy Fredman
    24. Conclusion: Can Human Rights be Democratised? Murray Hunt

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