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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Parliaments and Human Rights: Redressing the Democratic Deficit (eBook)

Edited by: Murray Hunt, Hayley J. Hooper, Paul Yowell

ISBN13: 9781782254386
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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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.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties, eBooks
Contents:
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

Series: Hart Studies in Comparative Public Law

Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
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Australian Constitutional Values ISBN 9781509918409
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
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Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
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The Federal Idea: Public Law Between Governance and Political Life (eBook)
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The Federal Idea: Public Law Between Governance and Political Life
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
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£34.99
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
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£65.00
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Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
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Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
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£54.16 + £10.83 VAT
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
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Administrative Law and Judicial Deference ISBN 9781849462778
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Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
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£49.99 + £10.00 VAT
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
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£60.00
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
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The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
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Constitutionalising Secession (eBook) ISBN 9781782253310
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
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Israeli Constitutional Law in the Making ISBN 9781849464093
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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Trial by Jury and Counter-Terrorism ISBN 9781849465397

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Publication Abandoned