Bills of rights : a comparative perspective
著者
書誌事項
Bills of rights : a comparative perspective
Intersentia, c2014
- : [pbk.]
大学図書館所蔵 件 / 全1件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Includes bibliographical references and index
内容説明・目次
内容説明
Bills of rights are currently a much debated topic in various jurisdictions throughout the world. Almost all democratic nations, with the exception of Australia, now have a bill of rights. These take a variety of forms, ranging from constitutionally entrenched bills of rights, such as those of the United States and South Africa, to non-binding statements of rights. Falling between these approaches are non-entrenched, statutory bills of rights. As regards the latter, a model which has become increasingly popular is that of bills of rights based on interpretative obligations, whereby duties are placed upon courts to interpret national legislation in accordance with human rights standards. The aim of this book is to provide a comparative analysis of the bills of rights of a number of jurisdictions which have chosen to adopt such an approach. The jurisdictions considered are New Zealand, the United Kingdom, the Australian Capital Territory and the Australian state of Victoria. There have been very few books published to date which contain detailed comparative analysis of the bills of rights which this book will address.
The book adopts a unique thematic approach, whereby six aspects of the bills of rights in question have been selected for comparative analysis and a chapter is allocated to each aspect. This approach serves to facilitate the comparative discussion and emphasise the centrality of the comparative methodology. About the author The author is a lecturer in the School of Law, Queen's University Belfast. She was awarded a LL.B. with First Class Honours in 2002, a LL.M. in Human Rights Law with Distinction in 2003, and a Ph.D. in 2006, all by Queen's University Belfast. She qualified as a solicitor in 2008 and joined the School of Law at Queen's as a lecturer in 2009. The author's research interests lie in the area of international human rights law.
目次
Chapter One. Introduction 1. Approaches to Rights Protection 2. Chapter outline 3. Methodology Chapter Two. Constitutional Contexts 1. New Zealand 2. United Kingdom 3. Australian Capital territory 3.1. The Constitutional Context at the federal level 3.2. The Australian Capital territory (self-government) Act 1988 4. Victoria 4.1. The Constitution of Victoria 5. Conclusions Chapter Three. The Background to the Enactment of the Bills of Rights 1. New Zealand 2. United Kingdom 3. Australian Capital territory 4. Victoria 5. Conclusions Chapter Four. Catalogues of Rights 1. New Zealand 2. United Kingdom 3. Australian Capital territory 4. Victoria 5. Conclusions. Chapter Five. operative Provisions 1. New Zealand 2. United Kingdom 3. Australian Capital territory 4. Victoria 5. Conclusions Chapter Six. Impact 1. New Zealand 1.1. The Early Years of the New Zealand Bill of Rights Act 1.2. The interrelationship Between sections 4, 5 and 6 1.3. Remedies 1.4. After Baigent: Evidence of a More Restrictive Approach? 1.5. Approaches to the interpretative obligation under section 6 1.6. Are Certain Rights Prioritised by the Judiciary? 1.7. The impact of section 7 2. United Kingdom 7 2.1. The standard of Review under the section 6 Duty on Public Authorities to act Compatibly with the Convention Rights 2.2. horizontal Effect 2.3. The section 3 interpretative obligation and section 4 Declarations of incompatibility 2.4. The impact of section 19 3. Australian Capital territory 3.1. The interrelationship between sections 28 and 30 3.2. The section 30 interpretative obligation 3.3. Declarations of incompatibility under section 32 3.4. The section 40C obligation on Public Authorities to act Consistently with human Rights 3.5. The impact of sections 37 and 38 4. Victoria 4.1. Early Judicial Comments on the Approach to be Adopted when Applying the Charter 4.2. The section 32 interpretative obligation 4.3. Declarations of inconsistent interpretation under section 36 4.4. The section 38 Duty on Public Authorities to act Compatibly with human Rights 4.5. The impact of sections 28 and 30 5. Conclusions Chapter Seven. Reform 1. New Zealand 2. United Kingdom 3. Australian Capital territory and Victoria 4. Conclusions Chapter Eight. Concluding observations Bibliography Table of Statutes Table of Cases Index
「Nielsen BookData」 より
