Enhancing Parliament S Role In Relation To Human Rights Judgements
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Enhancing Parliament S Role In Relation To Human Rights Judgements
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Author : Great Britain: Parliament: Joint Committee on Human Rights
language : en
Publisher: The Stationery Office
Release Date : 2010-03-26
Enhancing Parliament S Role In Relation To Human Rights Judgements written by Great Britain: Parliament: Joint Committee on Human Rights and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-26 with Political Science categories.
Enhancing Parliament's role in relation to human rights Judgments : Fifteenth report of session 2009-10, report, together with formal minutes and written Evidence
Parliaments And The European Court Of Human Rights
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Author : Alice Donald
language : en
Publisher: Oxford University Press
Release Date : 2016-08-19
Parliaments And The European Court Of Human Rights written by Alice Donald and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-19 with Law categories.
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
The International Human Rights Judiciary And National Parliaments
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Author : Matthew Saul
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
The International Human Rights Judiciary And National Parliaments written by Matthew Saul and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Law categories.
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Parliaments Contributions To Security Sector Governance Reform And The Sustainable Development Goals
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Author : Wilhelm Janse van Rensburg
language : en
Publisher: Ubiquity Press
Release Date : 2022-02-24
Parliaments Contributions To Security Sector Governance Reform And The Sustainable Development Goals written by Wilhelm Janse van Rensburg and has been published by Ubiquity Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Political Science categories.
The United Nation’s Sustainable Development Goal (SDG) 16 calls for the establishment of peaceful, just and inclusive societies. The security sector has the potential to contribute to SDG16 through the fulfilment of its traditional and non-traditional security tasks. However, the security sector can also detract from SDG16 when it acts outside the confines of the law. Good governance of the sector is therefore a prerequisite to achieving SDG16, and parliaments can make an important contribution to accountability and good governance. Parliaments contribute to both transparency and accountability of the sector through their various functions and act as a counterweight to executive dominance, including in the executive’s use of security forces. Yet, in times of crisis, states run a risk of executive dominance and executives are often quick to resort to the use of the security sector to address an array of challenges. This risk also emerged during the global Covid-19 pandemic where states used the security sector, notably the military and police, in various ways to respond to the pandemic. This study reviewed the utilisation of the security sector in South Africa, the Philippines and the UK during the first year of the Covid-19 outbreak, resulting in varied outcomes ranging from positive humanitarian contributions to misconduct and brutality that led to the death of citizens. The initial lockdowns in these countries constrained parliamentary activity, resulting in a lack of adequate parliamentary oversight of security sector utilisation when it was most needed. Parliaments did recover oversight of the sector to varied degrees, but often with limited depth of inquiry into the Covid-19 deployments. To prevent the security sector from detracting from SDG16, the study identified a need for a rapid parliamentary reaction capability to security sector utilisation, especially in cases of extraordinary deployments coupled with an elevated risk of executive dominance.
Rights Brought Home
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Author : Great Britain. Home Office
language : en
Publisher:
Release Date : 1997
Rights Brought Home written by Great Britain. Home Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Civil rights categories.
Parliaments And Human Rights
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Author : Murray Hunt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Parliaments And Human Rights written by Murray Hunt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons
Parliaments And The European Court Of Human Rights
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Author : Alice Donald
language : en
Publisher: Oxford University Press
Release Date : 2016-08-18
Parliaments And The European Court Of Human Rights written by Alice Donald and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-18 with Law categories.
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
Hl 130 Hc 1088 Human Rights Judgements
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Author : The Stationery Office
language : en
Publisher: The Stationery Office
Release Date : 2015
Hl 130 Hc 1088 Human Rights Judgements written by The Stationery Office and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
Constitutional Review Under The Uk Human Rights Act
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Author : Aileen Kavanagh
language : en
Publisher: Cambridge University Press
Release Date : 2009-05-07
Constitutional Review Under The Uk Human Rights Act written by Aileen Kavanagh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-07 with Law categories.
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
The Rule Of Law
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Author : Tom Bingham
language : en
Publisher: Penguin UK
Release Date : 2011-07-07
The Rule Of Law written by Tom Bingham and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-07 with Law categories.
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.