Parliaments And Human Rights
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Parliaments And The European Court Of Human Rights
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Author : Alice Donald
language : en
Publisher: Oxford University Press
Release Date : 2016
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 with Law categories.
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These intuitional 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 mobilization: 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.
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
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 And Human Rights
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Author : Murray Hunt
language : en
Publisher:
Release Date : 2012
Parliaments And Human Rights written by Murray Hunt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Beyond Parliament
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Author : Horman Chitonge
language : en
Publisher: BRILL
Release Date : 2015-09-03
Beyond Parliament written by Horman Chitonge and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-03 with Law categories.
In Beyond Parliament, Horman Chitonge, draws from diverse experiences around the rights to water and food in the global South, to illustrate that giving effect to these rights require going beyond parliamentary politics to the radical politics of social change.
Parliamentary Sovereignty And The Human Rights Act
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Author : Alison L Young
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-05
Parliamentary Sovereignty And The Human Rights Act written by Alison L Young and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-05 with Law categories.
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
The European Parliament And Human Rights
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Author : European Parliament
language : en
Publisher: European Communities
Release Date : 1994
The European Parliament And Human Rights written by European Parliament and has been published by European Communities this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Civil rights categories.
Positions Regarding Human Rights Issues Taken By The Inter Parliamentary Union In Recent Years
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Author : Inter-parliamentary Union
language : en
Publisher:
Release Date : 1998
Positions Regarding Human Rights Issues Taken By The Inter Parliamentary Union In Recent Years written by Inter-parliamentary Union and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Human rights categories.
Divided Into 2 Parts. Part I: Main Documents; Part Ii: Positions Regarding Human Rights Taken By The Inter-Parliamentary Union In Recent Years. It Contributes To Relaying Human Rights Standards And Ideals To State Institution As Much As To The Population At Large. It Is A 1998 Report.
Legislating For Human Rights
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Author : Jonathan Cooper
language : en
Publisher: Hart Publishing
Release Date : 2000-10
Legislating For Human Rights written by Jonathan Cooper and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10 with Law categories.
This volume is a compendium of the United Kingdom's Parliamentary debates on The Human Rights Act of 1998, one of the most far- reaching pieces of legislation of this century. This act for the first time incorporated positive rights into UK law, drastically changing its political and legal landscape. By reproducing segments of the debates, the editors attempt to bring alive the process which impelled the government and parliament to enact it, paying particular attention to its underlying principles and the Pepper v Hart statements on its interpretation. Distributed by ISBS. c. Book News Inc.
Parliamentary Sovereignty And The Human Rights Act
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Author : Alison L. Young
language : en
Publisher:
Release Date : 2008
Parliamentary Sovereignty And The Human Rights Act written by Alison L. Young and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional history categories.
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interp.