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Parliaments and Human Rights: Redressing the Democratic Deficit

Edited by: Murray Hunt, Hayley J. Hooper, Paul Yowell

ISBN13: 9781849465618
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509915453



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This book is the first volume to unite theoretical and practical insights into the protection of human rights by legislatures from a number of domestic jurisdictions, international organisations, and leading scholars.

In doing so it aims to present a complete picture of the parliamentary protection of human rights which will interest both academic scholars and practitioners. Specifically, the volume contains contributions analysing the processes of legislative protection of human rights from jurisdictions in Britain, Europe, and Australasia.

It also contains studies on the role of the Council of Europe and the European Court of Human Rights, and a critical scholarly examination of the relationship between parliamentary and curial institutions within the context of the protection of human rights. Within the volume there are several central original contributions from key figures working at the heart of trans-national organisations dedicated to the legislative protection of human rights.

The contributions from academic scholars investigate the consequences of legislative protection of human rights in the United Kingdom parliament drawing upon both empirical evidence and theoretical perspectives. The volume concludes with a scholarly analysis of the implications which flow from the project of democratisation of human rights in a wider context.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. Introduction Murray Hunt, Hayley Hooper and Paul Yowell

PART I: LEGISLATIVE REVIEW FOR HUMAN RIGHTS COMPATIBILITY
2. Finding and Filling the Democratic Deficit in Human Rights David Kinley
3. Legislative Rights Review: Addressing the Gap Between Ideals and Constraints Janet Hiebert
4. The role of Parliaments following judgments of the European Court of Human Rights Phil Leach and Alice Donald

PART II: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK PARLIAMENT
5. The Joint Committee on Human Rights David Feldman
6. The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog Aileen Kavanagh
7. How has the Joint Committee on Human Rights affected legislative deliberation? Paul Yowell
8. Parliament's Role following Declarations of Incompatibility under the Human Rights Act Jeff King

PART III: LEGISLATIVE HUMAN RIGHTS REVIEW IN OTHER PARLIAMENTS
9. Australia's Exclusive Parliamentary Model of Rights Protection George Williams and Lisa Burton
10. Legislative Review for Human Rights Compatibility: A View from Sweden Thomas Bull and Iain Cameron
11. Guaranteeing international human rights standards in The Netherlands: the Parliamentary dimension Martin Kuijer
12. Human rights in the European Parliament Geoffrey Harris
13. The protection of human rights in the legislative process in Scotland Bruce Adamson
14. Human rights in the Northern Ireland Assembly David Russell
15. Human rights in the Welsh Assembly Ann Sherlock

PART IV: INTERNATIONAL INITIATIVES TO INCREASE THE ROLE OF PARLIAMENTS IN RELATION TO HUMAN RIGHTS
16. The work of the Inter-Parliamentary Union Ingeborg Schwarz
17. The work of the Parliamentary Assembly of the Council of Europe Andrew Drzemczewski and Julia Lowis
18. The work of the Westminster Foundation for Democracy George Kunnath

PART V: THE IMPLICATIONS OF LEGISLATIVE RIGHTS REVIEW FOR COURTS
19. The Use of Parliamentary Materials by Courts in Proportionality Judgments Hayley Hooper
20. Democratic Deliberation and Judicial Review Liora Lazarus
21. The Varied Roles of Courts and Legislatures in Rights Protection Kent Roach

PART VI: A DEMOCRATIC CULTURE OF JUSTIFICATION 22. What is a Democratic Culture of Justification? David Dyzenhaus
23. From Dialogue to Deliberation: Human Rights Adjudication and Prisoners' Right to Vote Sandy Fredman
24. Conclusion: Can Human Rights be Democratised? Murray Hunt

Series: Hart Studies in Comparative Public Law

Constitutional Courts, Media and Public Opinion ISBN 9781509953646
To be published June 2025
Hart Publishing
£44.99
Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957880
Published March 2024
Hart Publishing
£95.00
£85.50
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Constitutional Courts, Media and Public Opinion (eBook) ISBN 9781509953615
Published November 2023
Hart Publishing
£85.50
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Constitutional Courts, Media and Public Opinion ISBN 9781509953608
Published November 2023
Hart Publishing
£95.00
The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
Published March 2022
Hart Publishing
£32.99
£36.99
The Role of Monarchy in Modern Democracy: European Monarchies Compared (eBook) ISBN 9781509931026
Published September 2020
Hart Publishing
£29.69
(ePub)
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The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
Published September 2020
Hart Publishing
£85.00
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
Published June 2020
Hart Publishing
£44.99
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
£34.99
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
£39.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£69.99
£44.99
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£39.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£39.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£44.99
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£49.49
(ePub)
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£130.00
£69.99
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
£35.09
(ePub)
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Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£90.00
£85.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£38.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£38.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£40.49
(ePub)
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Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£100.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£36.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£90.00
£150.00
£62.99
(ePub)
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£33.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£39.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£95.00
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£35.99
(ePub)
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£150.00
£62.99
(ePub)
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£42.99
£40.49
(ePub)
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£120.00
£35.99
(ePub)
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£95.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£35.99
(ePub)
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£95.00
£35.99
(ePub)
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£95.00
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£120.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£40.49
(ePub)
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£35.09
(ePub)
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£90.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£35.09
(ePub)
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£95.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£90.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£33.29
(ePub)
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£95.00
£30.59
(ePub)
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£100.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£35.99
(ePub)
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£38.69
(ePub)
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published February 2015
Hart Publishing
£59.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published February 2015
Hart Publishing
£53.99
(ePub)
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£39.99
Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£95.00
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£85.50
(ePub)
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£144.00
(ePub)
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Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£160.00
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£95.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£85.50
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