Wildy Logo
(020) 7242 5778

Book of the Month

Cover of Macdonald's Exemption Clauses and Unfair Terms

Macdonald's Exemption Clauses and Unfair Terms

Price: £275.00

Saggerson on Travel Law and Litigation 7th ed


Welcome to Wildys


A Practitioner's Guide to Probate Disputes 2nd ed


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Litigating Rights

Edited by: Grant Huscroft, Paul Rishworth

ISBN13: 9781841131948
ISBN: 1841131946
Published: January 2002
Publisher: Hart Publishing
Format: Hardback
Price: £75.00

Despatched in 6 to 8 days.

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries, most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom.

Part 1 Judicial review and bills of rights: rights, bills of rights and the role of courts and legislatures, Grant Huscroft; the bill of rights - confirmation of extant freedoms or invitation to judicial creation?, Antonin Scalia; rights, paternalism, constitution and judges, James Allan; judicial review, human rights and democracy, Andrew S. Butler; human rights review and the public-private distinction, Murray Hunt.
Part 2 Liberty and equality: liberty, equality and the new establishment, Paul Rishworth; equality rights in Canada - judicial usurpation or missed opportunities? Ian Binnie; concepts of equality in international law, Hilary Charlesworth; liberty and equality - complementary, not competing, constitutional commitments, Nadine Strossen.
Part 3 Group and indigenous rights: group rights and constitutional rights, Tim Dare; taking group rights carefully, Jeremy Waldron; should Maori group rights be part of a New Zealand constitution?, Andrew Sharp; constitutionalizing Maori, Eddie Durie.
Part 4 Internationalism: the rule of international law?, Paul Rishworth; the impact of international human rights on domestic law, Elizabeth Evatt; intention and effect - the legal status of the final views of the human rights committee, Scott Davidson; the UK's human rights act 1998 - an early assessment, Ian Leigh.