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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
The primary purpose of this book is to demonstrate the scope that
already exists for using international human rights law in English
courts, regardless of its status as 'incorporated' or
'unincorporated'. Murray Hunt addresses directly what are commonly
supposed to be the theoretical obstacles to using human rights law
in English courts and aims to raise awareness of the extent to
which these have now fallen away in light of recent developments in
English judicial practice. The book was first published in hardback
in March 1997.
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
Michael Taggart was the Alexander Turner Professor of Law in the
University of Auckland, New Zealand until his retirement in 2008.
He has worked extensively on public law, in particular
administrative law, privatisation and the public/private law divide
as well as on legal history. He has visited and taught at the
Universities of Melbourne, New South Wales, Toronto, Cambridge,
Paris II, Victoria at Wellington, Saskatchewan, Western Ontario,
Queen's University at Kingston and Osgoode Hall Law School. This
book of essays, dedicated to him by a group of his friends
including academic colleagues, practitioners and judges, marks his
enormous contribution to the common law.
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