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(Ebook) Litigating Rights Perspectives from Domestic and International Law 1st Edition by Grant Huscroft, Paul Rishworth ISBN 1841131946 9781841131948

  • SKU: EBN-1943928
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Authors:Grant Huscroft, Paul Rishworth
Pages:368 pages.
Year:2002
Language:english
File Size:1.1 MB
Format:pdf
ISBNS:9781841131948, 9781847310729, 1841131946, 1847310729
Categories: Ebooks

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(Ebook) Litigating Rights Perspectives from Domestic and International Law 1st Edition by Grant Huscroft, Paul Rishworth ISBN 1841131946 9781841131948

(Ebook) Litigating Rights Perspectives from Domestic and International Law 1st Edition by Grant Huscroft, Paul Rishworth - Ebook PDF Instant Download/Delivery:  1841131946, 9781841131948
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ISBN 10:  1841131946 
ISBN 13: 9781841131948
Author: Grant Huscroft, Paul Rishworth

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

(Ebook) Litigating Rights Perspectives from Domestic and International Law 1st Table of contents:

Part I: Judicial Review and Bills of Rights
1. Rights, Bills of Rights, and the Role of Courts and Legislatures
2. The Bill of Rights: Confirmation of Extant Freedoms or Invitation to Judicial Creation?
3. Rights, Paternalism, Constitutions and Judges
4. Judicial Review, Human Rights and Democracy
5. Human Rights Review and the Public-Private Distinction
Part II: Liberty and Equality
6. Liberty, Equality and the New Establishment
7. Equality Rights in Canada: Judicial Usurpation or Missed Opportunities?
8. Concepts of Equality in International Law
9. Liberty and Equality: Complementary, Not Competing, Constitutional Commitments
Part III: Group and Indigenous Rights
10. Group Rights and Constitutional Rights
11. Taking Group Rights Carefully
12. Should Maori Group Rights be Part of a New Zealand Constitution?
13. Constitutionalising Maori
Part IV: Internationalism
14. The Rule of International Law?
15. The Impact of International Human Rights on Domestic Law
16. Intention and Effect: The Legal Status of the Final Views of the Human Rights Committee
17. The UK's Human Rights Act 1998: An Early Assessment

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Tags: Grant Huscroft, Paul Rishworth, Litigating, Domestic

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