"This collection examines the justifications for using bills of rights to protect fundamental human rights and the mechanisms for enforcing provisions in those documents. Articles deal with different forms of judicial enforcement and with legislative enforcement, of rights protected by such documents. The collection includes a road-map for evaluating the effectiveness of these alternative enforcement mechanisms."--Provided by publisher.
First published 2007 by Ashgate Publishing.
Formatted Contents Note
part Part I Bills of Rights and Democratic Self-Governance chapter 1 Jeremy Waldron (1993), 'A Right-Based Critique of Constitutional Rights' chapter 2D.J. Galligan (1983), 'Judicial Review and Democratic Principles: Two Theories' chapter 3 Rebecca L. Brown (1998), 'Accountability, Liberty, and the Constitution' part Part II Judicial Enforcement of Bills of Rights chapter 4 Stephen Gardbaum (2001), 'The New Commonwealth Model of Constitutionalism' chapter 5 Lorraine Eisenstat Weinrib (1990), 'Learning to Live with the Override' chapter 6 Peter W. Hogg and Allison A. Bushell (1997), 'The Charter Dialogue Between Courts and Legislatures (or Perhaps The Charter of Rights lsn't Such a Bad Thing After All)' chapter 7 Janet McLean (2001), 'Legislative Invalidation, Human Rights Protection and s 4 of the New Zealand Bill of Rights Act', chapter 8 Mark Tushnet (2003), 'New Forms of Judicial Review and the Persistence of Rights- and Democracy-Based Worries' part Part III Legislative Enforcement of Bills of Rights chapter 9 James B. Thayer (1893), 'The Origin and Scope of the American Doctrine of Constitutional Law' chapter 10 Elizabeth Garrett and Adrian Vermeule (2001), 'Institutional Design of a Thayerian Congress' chapter 11 Wojciech Sadurski (2002), 'Judicial Review and the Protection of Constitutional Rights'.