Parliaments And The European Court Of Human Rights

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The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

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Genre : Law
Author : Alice Donald
Publisher : Oxford University Press
Release : 2016-08-18
File : 419 Pages
ISBN-13 : 9780191093166


Parliaments And Human Rights

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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

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Genre : Law
Author : Murray Hunt
Publisher : Bloomsbury Publishing
Release : 2015-04-30
File : 540 Pages
ISBN-13 : 9781782254379


The International Human Rights Judiciary And National Parliaments

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Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.

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Genre : Law
Author : Matthew Saul
Publisher : Cambridge University Press
Release : 2017-10-12
File : 417 Pages
ISBN-13 : 9781107183742


Parliament

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This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

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Genre : Law
Author : Alexander Horne
Publisher : Bloomsbury Publishing
Release : 2016-06-02
File : 336 Pages
ISBN-13 : 9781509906444


Enhancing Parliament S Role In Relation To Human Rights Judgements

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Enhancing Parliament's role in relation to human rights Judgments : Fifteenth report of session 2009-10, report, together with formal minutes and written Evidence

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Genre : Political Science
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Release : 2010-03-26
File : 150 Pages
ISBN-13 : 0108459772


Parliamentary Assembly Adopted Texts

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The Parliamentary Assembly of the Council of Europe publishes a volume of adopted texts for each of its four part-sessions and Standing Committee meetings. The Assembly, or the Standing Committee on its behalf, can adopt three different types of texts: opinions, recommendations and resolutions. Opinions are mostly expressed by the Assembly on questions put to it by the Committee of Ministers, such as the admission of new member states to the Council of Europe, but also on draft conventions, or the budget. Recommendations contain proposals addressed to the Committee of Ministers, the implementation of which is within the competence of governments. Resolutions embody decisions by the Assembly on questions which it is empowered to put into effect or expressions of views for which it alone is responsible. They can also be addressed to national parliaments. References to committees: the Bureau of the Assembly decides whether communications, in particular from the Committee of Ministers and from the Secretary General, and motions for recommendations and resolutions should be referred to the appropriate committee for action, if any. Referrals are then ratified by the Parliamentary Assembly.

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Genre : Political Science
Author : Conseil de l'Europe,
Publisher : Council of Europe
Release : 2010-01-01
File : 70 Pages
ISBN-13 : 9287167494


Parliamentary Assembly Texts Adopted 2008 Ordinary Session Second Part 14 18 April 2008

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Genre : Law
Author : Bernan
Publisher : Council of Europe
Release : 2008-03-30
File : 48 Pages
ISBN-13 : 928716438X


Parliamentary Assembly Documents 2002 Ordinary Session First Part Volume Ii

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Genre : Political Science
Author : Council of Europe
Publisher : Council of Europe
Release :
File : 278 Pages
ISBN-13 : 9287148511


Handbook Of Parliamentary Studies

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This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.

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Genre : Law
Author : Cyril Benoît
Publisher : Edward Elgar Publishing
Release : 2020-11-27
File : 505 Pages
ISBN-13 : 9781789906516


Parliamentary Assembly Documents 1999 Ordinary Session Fourth Part September 1999 Volume Vii

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Genre : Political Science
Author : Council of Europe
Publisher : Council of Europe
Release :
File : 302 Pages
ISBN-13 : 9287141398