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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Of Bills and Rights: Human Rights Proofing Legislation - Comparing the United Kingdom and The Netherlands

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ISBN13: 9781780681481
Published: April 2013
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £86.00

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“What actually happens before a bill is drafted? Before it is certified [as human rights proof]? I do not know; I do not think many people really know.” This was a fair comment by a long-standing member of the UK Joint Committee on Human Rights. Who is human rights proofing bills before they come to Parliament, and indeed when in Parliament? And how is this proofing done? These questions are under-researched as human rights studies usually focus on the executive and judiciary branches of government. But what does the legislative branch do to safeguard human rights?

This book provides answers to these questions by mapping the legislative processes of both the United Kingdom and The Netherlands, and comparing them from an ECHR perspective. It then explains the comparative findings by proposing a theory of accountability. Because of webs of accountability legislative actors in both countries actively seek to make bills human rights compatible. More popularly said: everyone’s fingerprints are on the bills to try and render them ECHR proof.

The interest of this book lies with the people that support the formal legislative institutions in this human rights quest. Interviews have been held in London and The Hague with over 25 civil servants, working in departments (the ministries of Justice, the Attorney General’s Office, the Council of State), as draftsmen (the Office of the Parliamentary Counsel), or in the two parliaments (the JCHR, clerks in the States-General). These frank interviews provide new material and insights into the formal process of turning bills into Acts that ideally are Convention proof.