Ministry of Justice: Responding to Human Rights Judgments: Report to the Joint Committee on Human Rights on the Government Response to Human Rights Judgments 2012-13 - Cm. 8727 PDF Download

Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780101872720
Category : Law
Languages : en
Pages : 70

View

Book Description
This is the latest in a series of reports to the Joint Committee on Human Rights setting out the Government's position on the implementation of adverse human rights judgments from the European Court of Human Rights (ECtHR) and the domestic courts. It covers the period 1 August 2012 to 31 July 2013. The main focus of this paper is on two particular types of human rights judgments: judgments of the ECtHR in Strasbourg against the United Kingdom under the European Convention on Human Rights (ECHR); and declarations of incompatibility by United Kingdom courts under section 4 of the Human Rights Act 1998. A feature of these judgments is that their implementation may require changes to legislation,4 policy or practice, or a combination thereof

Author: Murray Hunt
Publisher: Bloomsbury Publishing
ISBN: 1782254374
Category : Law
Languages : en
Pages : 540

View

Book Description
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: Lisa Webley
Publisher: Oxford University Press, USA
ISBN: 0198714491
Category : Law
Languages : en
Pages : 761

View

Book Description
'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.

Author: Michael Gordon
Publisher: Bloomsbury Publishing
ISBN: 1782255818
Category : Law
Languages : en
Pages : 598

View

Book Description
The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament – through legislating about the legislative process – to revitalise the UK's political constitution.

Author: Stationery Office (Great Britain)
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 574

View

Book Description

Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

View

Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author: P. K. Kapur
Publisher: Springer Nature
ISBN: 9811536473
Category : Business & Economics
Languages : en
Pages : 603

View

Book Description
This book systematically examines and quantifies industrial problems by assessing the complexity and safety of large systems. It includes chapters on system performance management, software reliability assessment, testing, quality management, analysis using soft computing techniques, management analytics, and business analytics, with a clear focus on exploring real-world business issues. Through contributions from researchers working in the area of performance, management, and business analytics, it explores the development of new methods and approaches to improve business by gaining knowledge from bulk data. With system performance analytics, companies are now able to drive performance and provide actionable insights for each level and for every role using key indicators, generate mobile-enabled scorecards, time series-based analysis using charts, and dashboards. In the current dynamic environment, a viable tool known as multi-criteria decision analysis (MCDA) is increasingly being adopted to deal with complex business decisions. MCDA is an important decision support tool for analyzing goals and providing optimal solutions and alternatives. It comprises several distinct techniques, which are implemented by specialized decision-making packages. This book addresses a number of important MCDA methods, such as DEMATEL, TOPSIS, AHP, MAUT, and Intuitionistic Fuzzy MCDM, which make it possible to derive maximum utility in the area of analytics. As such, it is a valuable resource for researchers and academicians, as well as practitioners and business experts.

Author: Mila Freire
Publisher: World Bank Publications
ISBN: 9780821354643
Category : Business & Economics
Languages : en
Pages : 700

View

Book Description
This publication has been prepared by staff members of the World Bank and selected guest contributors. It sets out a framework to study subnational governments as borrowers and the range of credit markets in which they may operate. It also contains a number of case studies which detail the recent experience of 18 countries in developing markets for subnational borrowers., and offer insights into lessons to be drawn on fostering responsible credit market access within a framework of fiscal and financial discipline. Other issues discussed include: the issuing of municipal debt and its characteristics, and the role of macroeconomic conditions and market development in the success or failure of those borrowings.

Author: Kimberly A. Hepner
Publisher: Rand Corporation
ISBN: 083309050X
Category : Psychology
Languages : en
Pages : 221

View

Book Description
Understanding the current quality of care for posttraumatic stress disorder (PTSD) and depression delivered to service members is an important step toward improving care across the Military Health System (MHS). T.his report describes the characteristics of active-component service members who received care for PTSD or depression through the MHS and assesses the quality of care received using quality measures derived from administrative data

Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 241

View

Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.