Enhancing Parliament's role in relation to human rights judgements PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Enhancing Parliament's role in relation to human rights judgements PDF full book. Access full book title Enhancing Parliament's role in relation to human rights judgements by Great Britain: Parliament: Joint Committee on Human Rights. Download full books in PDF and EPUB format.
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780108459771 Category : Political Science Languages : en Pages : 150
Book Description
Enhancing Parliament's role in relation to human rights Judgments : Fifteenth report of session 2009-10, report, together with formal minutes and written Evidence
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780108459771 Category : Political Science Languages : en Pages : 150
Book Description
Enhancing Parliament's role in relation to human rights Judgments : Fifteenth report of session 2009-10, report, together with formal minutes and written Evidence
Author: Alice Donald Publisher: Oxford University Press ISBN: 0191093165 Category : Law Languages : en Pages : 419
Book Description
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: Murray Hunt Publisher: Bloomsbury Publishing ISBN: 1782254382 Category : Law Languages : en Pages : 735
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: Matthew Saul Publisher: Cambridge University Press ISBN: 110718374X Category : Law Languages : en Pages : 417
Book Description
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Author: Great Britain: Ministry of Justice Publisher: The Stationery Office ISBN: 9780101819428 Category : Law Languages : en Pages : 92
Book Description
In safeguarding national security the Government produces and receives sensitive information. This information must be protected appropriately, as failure to do so may compromise investigations, endanger lives and ultimately lessen its ability to keep the country safe. The increased security and intelligence activity of recent years has led to greater scrutiny including in the civil courts, which have heard a growing numbers of cases challenging Government decisions and actions in the national security sphere. Such cases involve information that under current rules cannot be disclosed in a courtroom. The UK justice system is then either unable to pass judgment and cases collapse or are settled without a judge reaching any conclusions. This green paper aims to respond to the challenges of how sensitive information is treated in the full range of civil proceedings. It looks for solutions that improve the current arrangements while upholding the Government's commitment to the rule of law. It also addresses the need for public reassurance that the national security work is robustly scrutinised, and that the scrutinising bodies are credible and effective. The proposals in this consultation are in three broad areas: enhancing procedural fairness, safeguarding material and reform of intelligence oversight.
Author: Richard Bellamy Publisher: Cambridge University Press ISBN: 1139467913 Category : Political Science Languages : en Pages : 280
Book Description
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Alice Donald
Author: Murray Hunt
Author: Matthew Saul
Author: The Stationery Office
Author: Stephen Gardbaum
Author: David Beetham
Author: Great Britain. Home Office
Author: Great Britain: Ministry of Justice
Author: Richard Bellamy