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Human Rights Acts: The Mechanisms Compared (eBook)


ISBN13: 9781782254843
Published: February 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £40.49
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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, eBooks
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

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