Litigating Rights (eBook, PDF)

Perspectives from Domestic and International Law
Redaktion: Huscroft, Grant; Rishworth, Paul

• Format: PDF

Produktbeschreibung

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide?

These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom.

Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 368
• Erscheinungstermin: 23. Januar 2002
• Englisch
• ISBN-13: 9781847310729
• Artikelnr.: 53076474

Autorenporträt

Grant Huscroft is a Professor of Law at the University of Western Ontario. Paul Rishworth teaches at the University of Auckland, New Zealand.

Inhaltsangabe

Part I-Judicial Review and Bills of Rights 1. Rights, Bills of Rights, and
the Role of Courts and Legislatures Grant Huscroft 2. The Bill of Rights:
Confirmation of Extant Freedoms or Invitation to Judicial Creation? Justice
Antonin Scalia 3. Rights, Paternalism, Constitutions and Judges James Allan
4. Judicial Review, Human Rights and Democracy Andrew S Butler 5. Human
Rights Review and the Public-Private Distinction Murray Hunt Part
II-Liberty and Equality 6. Liberty, Equality and the New Establishment Paul
Rishworth 7. Equality Rights in Canada: Judicial Usurpation or Missed
Opportunities? Justice Ian Binnie 8. Concepts of Equality in International
Law Hilary Charlesworth 9. Liberty and Equality: Complementary, Not
Competing, Constitutional Commitments Nadine Strossen Part III-Group and
Indigenous Rights 10. Group Rights and Constitutional Rights Tim Dare 11.
Taking Group Rights Carefully Jeremy Waldron 12. Should Maori Group Rights
be Part of a New Zealand Constitution? Andrew Sharp 13. Constitutionalising
Maori Justice Eddie Durie Part IV-Internationalism 14. The Rule of
International Law? Paul Rishworth 15. The Impact of International Human
Rights on Domestic Law Elizabeth Evatt 16. Intention and Effect: The Legal
Status of the Final Views of the Human Rights Committee Scott Davidson 17.
The UK's Human Rights Act 1998: An Early Assessment Ian Leigh

Rezensionen

This book covers a number of issues extremely important to the litigation of rights in national systems and would be of benefit to anyone seeking to gain further insight to the myriad problems faced in providing more effective protection at this level.Merris AmosPublic LawFebruary 2002[A] rich and often fascinating volumethe four essays making up the section on group rights are the single best available introduction to this higly contested area.M.A. SandersonModern Law ReviewFebruary 2002