Both New Zealand and the United Kingdom challenge assumptions about
how a bill of rights functions. Their parliamentary bills of rights
constrain judicial review and also look to parliament to play a
rights-protecting role. This arises from the requirement to inform
parliament if legislative bills are not compatible with rights. But
are these bills of rights operating in this proactive manner? Are
governments encountering significantly stronger pressures to ensure
legislation complies with rights? Are these bills of rights
resulting in more reasoned deliberations in parliament about the
justification of legislation from a rights perspective? Through
extensive interviews with public officials and analysis of
parliamentary debates where questions of compliance with rights
arise (prisoner voting, parole and sentencing policy,
counter-terrorism legislation, and same-sex marriage), this book
argues that a serious gap exists between the promise of these bills
of rights and the institutional variables that influence how these
parliaments function.
General
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