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Vol 22 No 9 Sept/Oct 2017

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Human Rights Acts: The Mechanisms Compared


ISBN13: 9781849460965
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £38.99



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There are now a number of statutes in different parts of the world that offer non-constitutional protection for human rights through mechanisms such as strong interpretive obligations, quasi-tort actions and obligations on legislatures to consider whether statutes are felt to breach human rights obligations. They exist in New Zealand, the United Kingdom, Ireland, the Australian Capital Territory and Victoria.

The aim of this book is to consider the jurisprudence that has developed in these various jurisdictions relating to these mechanics for the promotion of human rights; relevant case law from countries such as Canada, South Africa and the United States that have a constitutional approach is also featured. Chapters cover such matters as the choice between a constitutional and non-constitutional bill of rights, the different approaches adopted as to how legislators are alerted to possible breaches of fundamental rights as Bills progress, the extent of the interpretive obligation, the consequences of failing to reach a rights-compliant interpretation, the remedies available in litigation and any alternatives to litigation.

The book is aimed at practitioners and also at academics and policy makers.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. Introduction: Aims and Outline
2. The Obligation to Secure Internationally Recognised Human Rights
3. The Pre-Existing Protection of Human Rights
4. The Desire to Move Further
5. Working Out the Content of Rights
6. Pre-Enactment Scrutiny
7. The Duty to Respect Rights
8. Interpretive Obligation
9. Litigation and Complaint Procedures
10. Remedies
11. Summaries and Conclusions

Series: Hart Studies in Comparative Public Law

Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
To be published July 2018
Hart Publishing
£55.00
The Nordic Constitutions: A Comparative and Contextual Study ISBN 9781509910939
To be published May 2018
Hart Publishing
£60.00
Australian Constitutional Values ISBN 9781509918409
To be published February 2018
Hart Publishing
£70.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
To be published December 2017
Hart Publishing
£29.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
To be published November 2017
Hart Publishing
£65.00
£83.32 + £16.67 VAT
(ePub)
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£100.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£32.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£70.00
£79.16 + £15.83 VAT
(ePub)
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£95.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£34.99
£66.66 + £13.33 VAT
(ePub)
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£54.16 + £10.83 VAT
(ePub)
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£65.00
Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£65.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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£70.00
£58.33 + £11.66 VAT
(ePub)
Buy
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£80.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
Buy
Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£65.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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£49.99 + £10.00 VAT
(ePub)
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£75.00
£62.49 + £12.50 VAT
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£65.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£60.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£65.00
£45.82 + £9.17 VAT
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£27.49 + £5.50 VAT
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£68.00
£29.16 + £5.83 VAT
(ePub)
Buy
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£75.00
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£32.99
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£70.00
Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£100.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£83.32 + £16.67 VAT
(ePub)
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£70.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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Trial by Jury and Counter-Terrorism ISBN 9781849465397

Hart Publishing
Publication Abandoned