Parliamentary bills of rights : the experiences of New Zealand and the United Kingdom experiences / Janet L. Hiebert and James B. Kelly.
2015
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Title
Parliamentary bills of rights : the experiences of New Zealand and the United Kingdom experiences / Janet L. Hiebert and James B. Kelly.
Added Author
Imprint
Cambridge : Cambridge University Press, 2015.
Description
1 online resource (xviii, 484 pages) : digital, PDF file(s).
Series
Cambridge studies in constitutional law ; 11.
Formatted Contents Note
The New Zealand Bill of Rights Act 1990
Political origins of the New Zealand Bill of Rights Act
The New Zealand Bill of Rights Act 1990 and MMP
The Misuse of Drugs Act 1975 and prisoner disenfranchisement
The Attorney General, select committees and penal populism
Political origins of the Human Rights Act
Pre-legislative compatibility assessments under HRA
Parliamentary review of national security measures
Parliamentary review : equality and democratic issues.
Political origins of the New Zealand Bill of Rights Act
The New Zealand Bill of Rights Act 1990 and MMP
The Misuse of Drugs Act 1975 and prisoner disenfranchisement
The Attorney General, select committees and penal populism
Political origins of the Human Rights Act
Pre-legislative compatibility assessments under HRA
Parliamentary review of national security measures
Parliamentary review : equality and democratic issues.
Summary
Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
www
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Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781139924511 (ebook)
9781107076518 (hardback)
9781107433700 (paperback)
9781107076518 (hardback)
9781107433700 (paperback)
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