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Parliaments and Human Rights


ISBN13: 9781849461382
Published: June 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned



Democracies throughout the world profess their commitment to human rights, but in most of those democracies the institutional machinery for realising that commitment is profoundly undemocratic: it depends on unelected judges providing legal remedies for individuals whose rights have been violated, usually, by elected decision-makers. As a result, human rights discourse is everywhere bedevilled by a permanent crisis of democratic legitimacy.

Since 2001 the UK's parliamentary human rights committee, the Joint Committee on Human Rights ("the JCHR"), has sought to confront this democratic deficit in human rights discourse by enhancing the role of Parliament in protecting and promoting human rights. Parliamentary human rights committees, such as the JCHR, are one of the main mechanisms for institutionalising the transparent scrutiny of the adequacy of public justifications for interferences with, or failures to protect, human rights, but to date there is no detailed study of their work or assessment of their impact.

The aim of this book is to arrive at a preliminary assessment of how effective the JCHR has been in enhancing Parliament's role in relation to human rights, and what the judicial response to that role has been, with a view to making specific practical recommendations as to how parliaments everywhere can take a more proactive role in the protection and promotion of human rights and how courts, in turn, should respond. It concludes that the effective protection and fulfilment of human rights in a modern democracy requires both courts and legislatures to play a significant role in the implementation of human rights norms.

Series: Hart Studies in Constitutional Law

The Elusive Right to Privacy: Privacy Theory and Article 8 of the ECHR ISBN 9781849463393
To be published September 2023
Hart Publishing
£65.00
Making and Amending the Constitution ISBN 9781782258278
To be published March 2023
Hart Publishing
£65.00
The New Labour Constitution: Twenty Years On ISBN 9781509924646
To be published March 2022
Hart Publishing
£90.00
Proportionality and Facts in Constitutional Adjudication ISBN 9781509936984
To be published January 2022
Hart Publishing
£85.00
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509945344
Published October 2020
Hart Publishing
£31.99
Parliament and the Law 2nd ed ISBN 9781509939633
Published June 2020
Hart Publishing
£25.00
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509937523
Published April 2020
Hart Publishing
£40.00
£28.79
(ePub)
Buy
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
Published March 2019
Hart Publishing
£65.00
The Codes of the Constitution (eBook) ISBN 9781509904105
Published January 2019
Hart Publishing
£26.99
(ePub)
Buy
The Codes of the Constitution ISBN 9781509926817
Published January 2019
Hart Publishing
£29.99
Parliament: Legislation and Accountability ISBN 9781509925414
Published November 2018
Hart Publishing
£28.99
Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
Published February 2018
Hart Publishing
£22.50
(ePub)
Buy
Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
Hart Publishing
£60.00
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May (eBook)
Edited by: Paul Evans
ISBN 9781509900213
Published December 2017
Hart Publishing
£36.00
(ePub)
Buy
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509900206
Published December 2017
Hart Publishing
£90.00
The Codes of the Constitution ISBN 9781849466813
Published July 2016
Special offer (limited stock)
£70.00
Parliament: Legislation and Accountability ISBN 9781849467162
Published April 2016
Hart Publishing
£60.00
Parliament: Legislation and Accountability (eBook) ISBN 9781509906444
Published April 2016
Hart Publishing
£26.09
(ePub)
Buy
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849469906
Published November 2015
Hart Publishing
£26.99
£26.09
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
Published August 2014
Hart Publishing
£23.99
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849464734
Published December 2013
Hart Publishing
£60.00
Law in Politics, Politics in Law (eBook)
Edited by: David Feldman
ISBN 9781782252832
Published December 2013
Hart Publishing
£24.29
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849462891
Published October 2012
Hart Publishing
£50.00
The House of Lords 1911-2011: A Century of Non-Reform (eBook) ISBN 9781782250494
Published October 2012
Hart Publishing
£21.59
(ePub)
Buy