Parliaments and human rights : redressing the democratic deficit

Author(s)

• Hunt, Murray
• Hooper, Hayley Jayne
• Yowell, Paul

Bibliographic Information

Parliaments and human rights : redressing the democratic deficit

edited by Murray Hunt, Hayley J Hooper and Paul Yowell

（Hart studies in comparative public law, v. 5）

Hart, 2017

• : pbk

Note

Includes bibliographical references (p. [501]-507) and index

Originally published: 2015

Description and Table of Contents

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

Table of Contents

1. Introduction Murray Hunt, Hayley Hooper and Paul Yowell PART I: LEGISLATIVE REVIEW FOR HUMAN RIGHTS COMPATIBILITY 2. Finding and Filling the Democratic Deficit in Human Rights David Kinley 3. Legislative Rights Review: Addressing the Gap Between Ideals and Constraints Janet Hiebert 4. The role of Parliaments following judgments of the European Court of Human Rights Phil Leach and Alice Donald PART II: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK PARLIAMENT 5. The Joint Committee on Human Rights David Feldman 6. The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog Aileen Kavanagh 7. How has the Joint Committee on Human Rights affected legislative deliberation? Paul Yowell 8. Parliament's Role following Declarations of Incompatibility under the Human Rights Act Jeff King PART III: LEGISLATIVE HUMAN RIGHTS REVIEW IN OTHER PARLIAMENTS 9. Australia's Exclusive Parliamentary Model of Rights Protection George Williams and Lisa Burton 10. Legislative Review for Human Rights Compatibility: A View from Sweden Thomas Bull and Iain Cameron 11. Guaranteeing international human rights standards in The Netherlands: the Parliamentary dimension Martin Kuijer 12. Human rights in the European Parliament Geoffrey Harris 13. The protection of human rights in the legislative process in Scotland Bruce Adamson 14. Human rights in the Northern Ireland Assembly David Russell 15. Human rights in the Welsh Assembly Ann Sherlock PART IV: INTERNATIONAL INITIATIVES TO INCREASE THE ROLE OF PARLIAMENTS IN RELATION TO HUMAN RIGHTS 16. The work of the Inter-Parliamentary Union Ingeborg Schwarz 17. The work of the Parliamentary Assembly of the Council of Europe Andrew Drzemczewski and Julia Lowis 18. The work of the Westminster Foundation for Democracy George Kunnath and Angela Patrick PART V: THE IMPLICATIONS OF LEGISLATIVE RIGHTS REVIEW FOR COURTS 19. The Use of Parliamentary Materials by Courts in Proportionality Judgments Hayley Hooper 20. Democratic Deliberation and Judicial Review Liora Lazarus 21. The Varied Roles of Courts and Legislatures in Rights Protection Kent Roach PART VI: A DEMOCRATIC CULTURE OF JUSTIFICATION 22. What is a Democratic Culture of Justification? David Dyzenhaus 23. From Dialogue to Deliberation: Human Rights Adjudication and Prisoners' Right to Vote Sandy Fredman 24. Conclusion: Can Human Rights be Democratised? Murray Hunt

by "Nielsen BookData"

Details

• NCID: BB25750431
• ISBN:
  • 9781509915453
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Oxford
• Pages/Volumes: xviii, 520 p.
• Size: 25 cm
• Classification:
  • DC23 : 342.085
• Subject Headings:
  • LCSH : Human rights -- Political aspects
  • LCSH : Human rights
  • LCSH : Constitutional law
• Parent Bibliography ID:
  • BB14094251