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Spencer Bower and Handley: Res Judicata

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Rights and Democracy


ISBN13: 9781854317056
ISBN: 1854317059
Published: June 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



The increasing judicial and political clamour for the incorporation of the European Convention on Human Rights into domestic law underlies the potential prominence of rights in UK public law. This title addresses the challenges posed by this reform, drawing on experiences of Canada under the Charter of Rights and Freedoms since 1982. In particular, the book considers whether constitutional rights promote or frustrate democracy. Topics covered include the lessons from Canadian jurisprudence on issues such as expression, association and quality, the role of rights in the political process and the impact of rights on constitutional thought and practice in the UK.

Contents:
The impact of the Charter of Rights and Freedoms on Canadian constitutional thought and practice; rights and freedoms before the supreme court of Canada; the charter in the political process; bringing rights home - the implications of public law in the UK. Appendices: Canadian Charter of Rights and Freedoms; Human Rights Act 1998.