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Vol 21 No 10 Oct/Nov 2016

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Parliamentary Bills of Rights: The Experiences of New Zealand and the United Kingdom Experiences


ISBN13: 9781107076518
Published: January 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £75.00
Paperback edition , ISBN13 9781107433700



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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.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction

Part I. The New Zealand Bill of Rights Act 1990:
2. Political origins of the New Zealand Bill of Rights Act
3. The New Zealand Bill of Rights Act and MMP
4. Parliamentary review of the Misuse of Drugs Act 1975
5. Parliamentary select committees and Section 7 reports

Part II. The United Kingdom's Human Rights Act 1998:
6. Political origins of the Human Rights Act
7. Pre-legislative compatibility assessments under the HRA
8. Parliamentary review of national security issues
9. Parliamentary review: equality and democratic issues
10. Conclusion.

Series: Cambridge Studies in Constitutional Law

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Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107622487
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Reason of State: Law, Prerogative and Empire ISBN 9781107089891
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The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
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Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
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£64.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
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Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
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Proportionality and Constitutional Culture ISBN 9781107021860
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Proportionality and Constitutional Culture ISBN 9781107605718
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The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
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Judging Social Rights ISBN 9781107400320
Published May 2012
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Proportionality: Constitutional Rights and their Limitations ISBN 9781107008588
Published January 2012
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Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
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Parliamentary Sovereignty: Contemporary Debates ISBN 9780521140195
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