Monitoring the Government's response to court judgments finding breaches of human rights

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Release : 2007-06-28
Genre : Law
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Book Rating : 068/5 ( reviews)

Monitoring the Government's response to court judgments finding breaches of human rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Monitoring the Government's response to court judgments finding breaches of human rights write by Great Britain: Parliament: Joint Committee on Human Rights. This book was released on 2007-06-28. Monitoring the Government's response to court judgments finding breaches of human rights available in PDF, EPUB and Kindle. In the UK's institutional arrangements for protecting human rights, both Parliament and the judiciary have a central role. When the courts give a judgement finding that a law, policy or practice is in breach of human rights, it is for Parliament to scrutinise the adequacy of the Government's response and in some cases decide if there needs to be a change in law. An important part of the role of the Committee is to help Parliament in this function. This report brings together all their monitoring work in relation to both judgements of the European Court of Human Rights and declarations of incompatibility given by UK courts under the Human Rights Act.

Monitoring the Government's Response to Human Rights Judgments

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Release : 2008
Genre : Law
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Book Rating : 687/5 ( reviews)

Monitoring the Government's Response to Human Rights Judgments - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Monitoring the Government's Response to Human Rights Judgments write by Great Britain. Parliament. Joint Committee on Human Rights. This book was released on 2008. Monitoring the Government's Response to Human Rights Judgments available in PDF, EPUB and Kindle. This is the Committee's second annual report monitoring the Government's response to human rights judgments in the European Court of Human Rights. The Committee criticises the Government for its failure to respond to many of its recommendations in its previous report (17th report session 2006-07, HL 128/HC 728, ISBN 9780104011065). The Committee believes the Government should take a consistent and transparent approach across departments to the way in which it responds to declarations of incompatibility and judgments fro the European Court, with the Ministry of Justice co-ordinating the response to adverse judgments. This report also examines a number of issues arising from outstanding judgments: access to artificial insemination for prisoners and their partners; controlling membership of trade union; prisoners' voting rights; investigations into cases involving the use of lethal force; security of tenure for gypsies and travellers, and the corporal punishment of children.

Parliaments and Human Rights

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Release : 2015-04-30
Genre : Law
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Book Rating : 382/5 ( reviews)

Parliaments and Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Parliaments and Human Rights write by Murray Hunt. This book was released on 2015-04-30. Parliaments and Human Rights available in PDF, EPUB and Kindle. 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

Parliaments and the European Court of Human Rights

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Release : 2016-08-18
Genre : Law
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Book Rating : 165/5 ( reviews)

Parliaments and the European Court of Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Parliaments and the European Court of Human Rights write by Alice Donald. This book was released on 2016-08-18. Parliaments and the European Court of Human Rights available in PDF, EPUB and Kindle. 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.

Enhancing Parliament's role in relation to human rights judgements

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Release : 2010-03-26
Genre : Political Science
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Book Rating : 771/5 ( reviews)

Enhancing Parliament's role in relation to human rights judgements - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Enhancing Parliament's role in relation to human rights judgements write by Great Britain: Parliament: Joint Committee on Human Rights. This book was released on 2010-03-26. Enhancing Parliament's role in relation to human rights judgements available in PDF, EPUB and Kindle. Enhancing Parliament's role in relation to human rights Judgments : Fifteenth report of session 2009-10, report, together with formal minutes and written Evidence