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| Author | : Matthew Saul |
| Publisher | : Cambridge University Press |
| Total Pages | : 417 |
| Release | : 2017-10-12 |
| Genre | : Law |
| ISBN | : 110718374X |
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
| Author | : Alice Donald |
| Publisher | : Oxford University Press |
| Total Pages | : 369 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198734247 |
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.
| Author | : Taylor & Francis Group |
| Publisher | : Routledge |
| Total Pages | : 148 |
| Release | : 2021-08-20 |
| Genre | : |
| ISBN | : 9781032019628 |
This book explores recent developments pointing towards a 'domestic institutionalisation of human rights', composed of converging international trends prescribing the setting-up of domestic institutions, and the need for a national human rights systems approach. Building on new compliance theories, innovative arrangements have resolutely appeared around the turn of the Millennium and some are now legally enshrined in human rights treaties. In their introduction, the editors capture these developments, their main elements, and key points of debate. They outline a research agenda aimed at structuring and generating further attention both from academics and practitioners. As a steppingstone, the book singles out the purposeful attempt by the United Nations and others to frame these trends around the concept of 'National Human Rights System'. The chapters assess various models and cases put forward for such systems. Each highlight the specific forms of institutions being promoted, their intended domestic interactions, and discuss how these institutions are leveraged and strengthened by international bodies. Authors critically review their implications for the future of human rights, paving the way for additional research. The chapters in this book were originally published as a special issue of the Nordic Journal of Human Rights.
| Author | : Matthew Saul |
| Publisher | : Cambridge University Press |
| Total Pages | : 417 |
| Release | : 2017-10-12 |
| Genre | : Political Science |
| ISBN | : 1316878465 |
The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.
| Author | : Murray Hunt |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 756 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1782254382 |
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 | : |
| Publisher | : Professional Training |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Political Science |
| ISBN | : 9789211541892 |
This publication introduces the reader to national human rights institutions (NHRIs). Its focus is on NHRIs as both cornerstones of national human rights protection and promotion, and links between States and the international human rights system. Respect for human rights requires the concerted effort of every Government, individual, group and organ in society. With this in mind, the publication is intended for all those who seek a basic understanding of NHRIs, the work they do, how they interact with States, civil society and the international community, and how to support their work.
| Author | : Andreas Føllesdal |
| Publisher | : |
| Total Pages | : 441 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
| Author | : Brian Burdekin |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 573 |
| Release | : 2007 |
| Genre | : Political Science |
| ISBN | : 9004153365 |
The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.
| Author | : Alexander Hamilton |
| Publisher | : Read Books Ltd |
| Total Pages | : 420 |
| Release | : 2018-08-20 |
| Genre | : History |
| ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
| Author | : Bychawska-Siniarska, Dominika |
| Publisher | : Council of Europe |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : Political Science |
| ISBN | : |
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
