| Description |
1 online resource. |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Hart studies in comparative public law ; volume 5
|
|
Hart studies in comparative public law ; v. 5.
|
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Cover; Half-title; Title; Copyright; Dedication; Foreword; Preface and Acknowledgements; Contents; List of Contributors; 1. Introduction; I. THE DEMOCRATIC CRITIQUE; II. THE EMERGING CONSENSUS; III. THE NATURE OF THE DEMOCRATIC DEFICIT; IV. A DEMOCRATIC CULTURE OF JUSTIFICATION; V. THE IMPLICATIONS OF LEGISLATIVE RIGHTS REVIEW FOR COURTS; PART I: LEGISLATIVE REVIEW FOR HUMAN RIGHTS COMPATIBILITY; 2. Finding and Filling the Democratic Deficit in Human Rights David Kinley; I. IS THERE A DEMOCRATIC DEFICIT IN HUMAN RIGHTS RESPECT, PROTECTION AND PROMOTION? |
|
II. WHAT ROLE CAN OR DOES LEGISLATIVE SCRUTINY PLAY IN FILLING ANY DEMOCRATIC DEFICIT?CONCLUSION; 3. Legislative Rights Review: Addressing the Gap Between Ideals and Constraints; I. CONSTRUCTING A LEGISLATIVELY ORIENTED BILL OF RIGHTS; II. CONSTRAINTS ON LEGISLATIVE RIGHTS REVIEW; III. CONCLUSION; 4. The Role of Parliaments Following Judgments of the European Court of Human Rights; I. STRUCTURES AND PROCESSES FOR PARLIAMENTARY INVOLVEMENT; II. THE RELATIONSHIP BETWEEN NATIONAL PARLIAMENTS AND THE COE; III. IMPLEMENTATION AS A POLITICAL PROCESS. |
|
IV. CONCLUSION: THE ISSUE OF (DEMOCRATIC) LEGITIMACYPART II: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK PARLIAMENT; 5. Democracy, Law, and Human Rights: Politics as Challenge and Opportunity; I. USING HUMAN RIGHTS TO IMPROVE THE QUALITY OF THE PUBLIC SPHERE AND PARTICULARLY THE WORK OF PARLIAMENTS; II. THE STATE AND HUMAN RIGHTS; III. THE CONDITIONS NECESSARY FOR PARLIAMENTARY SCRUTINY ON HUMAN RIGHTS GROUNDS TO WORK; 6. The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog; I. THE COLLABORATIVE ENTERPRISE OF PROTECTING RIGHTS. |
|
II. THE JCHR AS A HYBRID BREED OF PARLIAMENTARY OVERSIGHT COMMITTEEIII. THE FUNCTIONS OF THE JCHR; IV. VOICE, AUDIENCE AND EXPERTISE; V. IMPACT, INFLUENCE AND THE STANDARD OF SUCCESS; CONCLUSION; 7. The Impact of the Joint Committee on Human Rights on Legislative Deliberation; INTRODUCTION; I. METHODOLOGY; II. THE INCREASE IN SUBSTANTIVE REFERENCES IN THE 2005-10 PARLIAMENT; III. HOW ARE JCHR REPORTS USED IN PARLIAMENT?; IV. WHO USES JCHR REPORTS?; V. EVALUATING THE EFFECT OF JCHR REPORTS ON LEGISLATIVE DELIBERATION; CONCLUSION. |
|
8. Parliament's Role Following Declarations of Incompatibility under the Human Rights ActI. THE LANDSCAPE OF SECTION 4 DECLARATIONS OF INCOMPATIBILITY; II. DO DECLARATIONS OF INCOMPATIBILITY PROMOTE GREATER DEMOCRATIC DELIBERATION?; III. A CONSTITUTIONAL CONVENTION OF RESPONSE?; CONCLUSION; Methodological Appendix; PART III: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK'S DEVOLVED JURISDICTIONS; 9. The Protection of Human Rights in the Legislative Process in Scotland ; I. HISTORY; II. NATIONAL HUMAN RIGHTS FRAMEWORK; III. DE VOLUTION AND DEVOLVED COMPETENCE; IV. LEGISLATIVE SCRUTINY. |
| Summary |
"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."--Bloomsbury Publishing |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Human rights -- Political aspects.
|
|
Human rights -- Political aspects. |
|
Human rights. |
|
Human rights.
|
|
Constitutional law.
|
|
Constitutional law. |
|
Legislative bodies.
|
|
Human rights & civil liberties law. |
|
LAW -- Constitutional. |
|
Legislative bodies. |
|
LAW -- Public. |
|
Law. |
| Genre/Form |
Electronic books.
|
| Subject |
Human rights. |
| Added Author |
Hunt, Murray, editor.
|
|
Hooper, Hayley Jayne, 1984- editor.
|
|
Yowell, Paul, 1969- editor.
|
|
Yowell, Paul, 1969-
|
| Other Form: |
Print version: Parliaments and human rights 9781849465618 (OCoLC)904591540 |
| ISBN |
9781782254379 (electronic book) |
|
1782254374 (electronic book) |
|
9781474201704 |
|
1474201709 |
|
1782254382 |
|
9781782254386 |
|
1849465614 |
|
9781849465618 |
|
9781849465618 |
|
9781782254386 (ePub) |
|
