[PDF] Parliaments And Human Rights eBook

Author : Matthew Saul
Publisher : Cambridge University Press
Page : 417 pages
File Size : 46,43 MB
Release : 2017-10-12
Category : Law
ISBN : 110718374X

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Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.

Author : Murray Hunt
Publisher : Bloomsbury Publishing
Page : 735 pages
File Size : 28,67 MB
Release : 2015-04-30
Category : Law
ISBN : 1782254382

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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

Author : Alice Donald
Publisher : Oxford University Press
Page : 369 pages
File Size : 39,80 MB
Release : 2016
Category : Law
ISBN : 0198734247

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Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.

Author : Grégoire Webber
Publisher : Cambridge University Press
Page : 223 pages
File Size : 49,7 MB
Release : 2018-03-01
Category : Political Science
ISBN : 1108642500

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The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Author : Alice Donald
Publisher : Oxford University Press
Page : 369 pages
File Size : 18,58 MB
Release : 2016-08-19
Category : Law
ISBN : 0191093157

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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.

Author : Marc van der Hulst
Publisher : Inter-Parliamentary Union
Page : 162 pages
File Size : 23,34 MB
Release : 2000
Category : Legislators
ISBN : 9291420565

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Undersøgelse af parlamentsmandatet baseret på svar på IPU-spørgeskema fra 134 parlamenter. Svarene er sammenlignet systematisk med de respektive forfatninger, lovgivning og parlamentsforretningsordener.

Author : Janet L. Hiebert
Publisher : Cambridge University Press
Page : 503 pages
File Size : 45,88 MB
Release : 2015-01-29
Category : Law
ISBN : 1316240673

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Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function.