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Litigating Rights
Perspectives from Domestic and International Law
Litigating Rights
Perspectives from Domestic and International Law
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.
Table of Contents
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
Product details
| Published | Jan 23 2002 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Extent | 368 |
| ISBN | 9781847310729 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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