Litigating Rights
Perspectives from Domestic and International Law
Published on 23. January 2002
Book
Hardback
368 pages
978-1-84113-194-8 (ISBN)
Description
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.
Reviews / Votes
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 Amos Public Law February 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. Sanderson Modern Law Review February 2002More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 24 mm
Weight
716 gr
ISBN-13
978-1-84113-194-8 (9781841131948)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
01/2002
1st Edition
Hart Publishing
€105.99
Available for download
Persons
Grant Huscroft is a Professor of Law at the University of Western Ontario. Paul Rishworth teaches at the University of Auckland, New Zealand.
Content
Part 1 Judicial review and bills of rights: rights, bills of rights and the role of courts and legislatures, Grant Huscroft; the bill of rights - confirmation of extant freedoms or invitation to judicial creation?, Antonin Scalia; rights, paternalism, constitution and judges, James Allan; judicial review, human rights and democracy, Andrew S. Butler; human rights review and the public-private distinction, Murray Hunt. Part 2 Liberty and equality: liberty, equality and the new establishment, Paul Rishworth; equality rights in Canada - judicial usurpation or missed opportunities? Ian Binnie; concepts of equality in international law, Hilary Charlesworth; liberty and equality - complementary, not competing, constitutional commitments, Nadine Strossen. Part 3 Group and indigenous rights: group rights and constitutional rights, Tim Dare; taking group rights carefully, Jeremy Waldron; should Maori group rights be part of a New Zealand constitution?, Andrew Sharp; constitutionalizing Maori, Eddie Durie. Part 4 Internationalism: the rule of international law?, Paul Rishworth; the impact of international human rights on domestic law, Elizabeth Evatt; intention and effect - the legal status of the final views of the human rights committee, Scott Davidson; the UK's human rights act 1998 - an early assessment, Ian Leigh.