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Promoting Human Rights Through Bills of Rights

Edited by: Philip Alston

ISBN13: 9780198258223
ISBN: 0198258224
Published: March 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



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In recent years the international community has continued to adopt a flow of both binding and non-binding human rights instruments. But despite the significant domestic impact of these developments, most of the literature on human rights has focused on international procedures and institutions, to the neglect of domestic legal arrangements.

In this timely volume Professor Alston and a team of distinguished contributors examine the consequences of international human rights treaty obligations at national level. The problems addressed include the transformation of international norms into national law; how to prepare appropriate domestic arrangements for giving effect to international norms (with particular emphasis on the role of the bill of rights); an assessment of the impact of international obligations on domestic legal regimes.

This carefully edited collection will be of interest to all practitioners, scholars, and students of the law and theory of international human rights.

Subjects:
Human Rights and Civil Liberties
Contents:
Notes on Contributors
1. Bills of Rights in Comparative Perspective
I. NATIONAL LEVEL PROTECTION OF HUMAN RIGHTS WITHOUT A BILL OF RIGHTS
2. How Far Can the Common Law Go Towards Protecting Human Rights
II. THE ROLE OF INTERNATIONAL NORMS IN THE ABSENCE OF A BILL OF RIGHTS
3. The European Convention on Human Rights in the British Courts: Problems Associated with the Incorporation of International Human Rights
4. Parliamentary Scrutiny of Human Rights: A Duty Neglected?
III. COMPARATIVE EXPERIENCES WITH BILLS OF RIGHTS
5. The Kenyan Bill of Rights
6. The Canadian Charter of Rights and Freedoms: A Feminist Perspective
7. The New Zealand Bill of Rights Experience
8. And Some Have Bills of Rights Thrust Upon Them: Hong Kong's Bill of Rights
9. A Post-Calvinist Catechism or a Post-Communist Manifesto? Intersecting Narratives in the South African Bill of Rights Debate
10. Basic Laws as a Surrogate Bill of Rights: The Case of Israel
IV. THE JUDICIARY AND BILLS OF RIGHTS
11. The Impact of a Bill of Rights on the Role of the Judiciary: A Canadian Perspective
12. The Impact of a Bill of Rights on the Role of the Judiciary: An Australian Perspective
Select Bibliography
Index