Human Rights Acts: The Mechanisms Compared

ISBN-13: 9781849460965 / Angielski / Miękka / 2015 / 592 str.

Kris Gledhill; Paul Rishworth

Opis

There are now a number of statutes in different parts of the world that offer non-constitutional protection for human rights through certain mechanisms, such as strong interpretive obligations, quasi-tort actions, and obligations on legislatures to consider whether statutes are felt to breach human rights obligations. These mechanisms exist in New Zealand, the UK, Ireland, the Australian Capital Territory, and Victoria. This book considers the jurisprudence that has developed in these various jurisdictions relating to these mechanics for the promotion of human rights. Relevant case laws from other countries that have a constitutional approach - such as the US, Canada, and South Africa - are also featured. The book covers such matters as: the choice between a constitutional and non-constitutional bill of rights * the different approaches adopted as to how legislators are alerted to possible breaches of fundamental rights when bills progress * the extent of the interpretive obligation * the consequences of failing to reach a rights-compliant interpretation * the remedies available in litigation * any alternatives to litigation. It is an interesting read for practitioners, academics, and policy makers working in the fields of human rights and constitutional law. (Series: Hart Studies in Comparative Public Law) Subject: Human Rights Law, Constitutional Law, Administrative Law, Comparative Law]