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Delegating Rights Protection explores bill-of-rights outcomes in
four "Westminster" countries - Australia, Canada, New Zealand, and
the United Kingdom - whose development exhibit an interesting
combination of both commonality and difference. Comparative
analysis of some thirty-six democracies demonstrates that the
historic absence of a bill of rights in Westminster countries is
best explained by, firstly, the absence of a clear political
transition and, secondly, their strong British constitutional
heritage. Detailed chapters then explore recent and much more
diversified developments. In all the countries, postmaterialist
socio-economic change has resulted in a growing emphasis on legal
formalization, codified civil liberties, and social equality.
Pressure for a bill of rights has therefore increased.
Nevertheless, by enhancing judicial power, bills of rights conflict
with the prima facie positional interests of the political elite.
Given this, change in this area has also required a political
trigger which provides an immediate rationale for change. Alongside
social forces, the nature of this trigger determines the strength
and substance of the bill of rights enacted. The statutory Canadian
Bill of Rights Act (1960), New Zealand Bill of Rights Act (1990),
and the Human Rights Act (UK) (1998) were prompted politically by a
relatively weak and backward-looking 'aversive' reaction against
perceived abuses of power under the previous administration.
Meanwhile, the fully constitutional Canadian Charter (1982) had its
political origins in a stronger, more self-interested and
prospective need to find a new unifying institution to counter the
destabilizing, centripetal power of the Quebecois nationalist
movement. Finally, the absence of any relevant political trigger
explains the failure of national bill of rights initiatives in
Australia. The conclusionary section of the book argues that this
Postmaterialist Trigger Thesis (PTT) explanation of change can also
explain the origins of bills of rights in other internally stable,
advanced democracies, notably the Israeli Basic Laws on human
rights (1992).
The tension between freedom of expression and European personal
data protection regulation is unmistakable. Nowhere is this more
apparent than in its interface with professional journalism and
other traditional publishers including artists, writers and
academics. This book systematically explores how that tension has
been managed across thirty-one European States from the 1970s
through to the 2010s including under the General Data Protection
Regulation (GDPR). It is found that, notwithstanding confusing
laws, data authorities have regulated journalism through contextual
rights balancing. However, they have struggled to establish a clear
standard of strictness or ensure consistent enforcement. Their
stance regarding other publishers has been more confused - whilst
academics have been subject to onerous restrictions developed for
medical and related research, other writers and artists have been
largely ignored. This book suggests that contextual rights
balancing should be extended to all traditional publishers and
systematically developed through robust co-regulation that draws on
the strength of both statutory control and self-regulation.
David Erdos is an actor, writer, director, teacher, illustrator and
composer with over 300 professional credits. He works for The
International Times and consults for numerous arts organisations,
record labels, theatre and production companies across the world.
His previous books for PPP are Easy Verses for Difficult Times, Oil
on Silver and The Scar on the Cloud.
David Erdos is an actor, poet, playwright, director, critic,
illustrator and lecturer with over 300 professional credits. His
first book of poetry Easy Verses for Difficult Times (also
published by Penniless Press) was a week long journal detailing a
2017 residency at the sixth Babylonian Festival of Arts and
Culture. The Scar on the Cloud contains poems written over the last
few years detailing the personal and public triumphs of the writer
and the world around him.
David Erdos's chapbook celebrates the last five years of the life
of film director John Cassavetes and Erdos's recently deceased
friend the poet Heathcote Williams
"A poetic journal of a unique journey full of great observations
and heartfelt human feelings Pete Brown.
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