Parliaments and Human Rights

Murray Hunt (Autor)

Buch | Hardcover

224 Seiten

2018
Hart Publishing (Verlag)
978-1-84946-138-2 (ISBN)

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Democracies throughout the world profess their commitment to human rights, but in most of those democracies the institutional machinery for realising that commitment is profoundly undemocratic: it depends on unelected judges providing legal remedies for individuals whose rights have been violated, usually, by elected decision-makers. As a result, human rights discourse is everywhere bedevilled by a permanent crisis of democratic legitimacy. Since 2001 the UK's parliamentary human rights committee, the Joint Committee on Human Rights ("the JCHR"), has sought to confront this democratic deficit in human rights discourse by enhancing the role of Parliament in protecting and promoting human rights. Parliamentary human rights committees, such as the JCHR, are one of the main mechanisms for institutionalising the transparent scrutiny of the adequacy of public justifications for interferences with, or failures to protect, human rights, but to date there is no detailed study of their work or assessment of their impact. The aim of this book is to arrive at a preliminary assessment of how effective the JCHR has been in enhancing Parliament's role in relation to human rights, and what the judicial response to that role has been, with a view to making specific practical recommendations as to how parliaments everywhere can take a more proactive role in the protection and promotion of human rights and how courts, in turn, should respond. It concludes that the effective protection and fulfilment of human rights in a modern democracy requires both courts and legislatures to play a significant role in the implementation of human rights norms.

Murray Hunt has been the Legal Adviser to the UK Parliament's Joint Committee on Human Rights since April 2004. In that role he has been responsible for drafting many of the Committee's reports as well as advising the Committee generally and helping to guide its agenda. Prior to that he was for ten years a practising barrister, specialising in public law and human rights. He has published extensively on these subjects, including a book length treatment of the judicial use made of human rights law before the enactment of the Human Rights Act: Using Human Rights Law in English Courts (Oxford: Hart Publishing, 1997). In 2000 he was instrumental in the founding of Matrix, a new legal practice in London specialising in human rights.

Erscheint lt. Verlag	28.6.2018
Reihe/Serie	Hart Studies in Constitutional Law
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Verfassungsrecht
	Sozialwissenschaften ► Politik / Verwaltung
ISBN-10	1-84946-138-4 / 1849461384
ISBN-13	978-1-84946-138-2 / 9781849461382
Zustand	Neuware