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Parliaments and human rights : redressing the democratic deficit /
"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 prote...
| Clasificación: | Libro Electrónico |
|---|---|
| Otros Autores: | , , , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Hart Publishing,
2015.
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| Colección: | Hart studies in comparative public law ;
v. 5. |
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- 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.