The International Human Rights Judiciary and National Parliaments: Europe and Beyond

Human Rights

The International Human Rights Judiciary and National Parliaments: Europe and Beyond

Edited by Matthew Saul · Andreas Follesdal · Geir Ulfstein
Cambridge University Press October 2017

Specifications

ISBN-13
9781107183742
Publisher
Cambridge University Press
Publication
October 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts.

Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Table of Contents

Introduction Matthew Saul, Andreas Follesdal and Geir Ulfstein

Part I. The Human Rights Role of Parliaments:
1. A transnational separation of powers? Geir Ulfstein
2. Effective parliamentary oversight of human rights Kirsten Roberts Lyer and Philippa Webb
3. Citizens' deliberation and human rights Jurg Steiner

Part II. The International Human Rights Judiciary in the Practice of Parliaments:
4. Parliaments as compliance partners in the European convention on human rights system Alice Donald
5. Parliamentary interpretation and application of European human rights law Theresa Squatrito

Part III. National Parliaments in the Practice of the International Human Rights Judiciary:
6. How and when can the international human rights judiciary promote the human rights role of national parliaments? Matthew Saul
7. Obligations to 'secure' the rights of the Convention in an 'effective political democracy': how should parliaments and domestic courts interact? Amrei Muller
8. Shifting emergencies from the political to the legal sphere: placing the United Kingdom's derogations from the ECHR in historical context Colin Murray
9. The role of the European Court of Human Rights in facilitating legislative change in cases of long-term delays in implementation Nino Tsereteli
10. The Inter-American Court of Human Rights and the mobilisation of parliaments Leiv Marsteintredet

Part IV. Managing Relations between Parliaments and the International Human Rights Judiciary:
11. Democratic override (or rejection) and the authority of the Strasbourg court - the UK parliament and prisoner voting Ed Bates
12. Saying 'no' to Strasbourg - when are national parliaments justified in refusing to give effect to judgments of international human rights courts? Colm O'Cinneide
13. Law making by law breaking? A theory of parliamentary civil disobedience against international human rights courts Andreas Follesdal
14. Conclusion: how does, could, and should the international human rights judiciary interact with national parliaments? Matthew Saul.
HKD 1,626.69 −3%
HKD 1,677.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Human Rights

View all
Proportionality and the Rule of Law: Rights, Justification, Reasoning
Cambridge University Press

Proportionality and the Rule of Law: Rights, Justification, Reasoning

Grant Huscroft; Bradley W. Miller; Gregoire Webber
HKD 504.40
Human Rights and Corporate Wrongs: Closing the Governance Gap
Edward Elgar Publishing

Human Rights and Corporate Wrongs: Closing the Governance Gap

Simon Baughen
HKD 1,462.76
Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination
Cambridge University Press

Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination

Jeroen Temperman
HKD 1,021.41
British Justice, War Crimes and Human Rights Violations: The Age of Accountability
Springer-Verlag

British Justice, War Crimes and Human Rights Violations: The Age of Accountability

Susan L. Kemp
HKD 997.00
Artificial Intelligence, Social Harms and Human Rights
Palgrave Macmillan

Artificial Intelligence, Social Harms and Human Rights

Ales Zavrsnik; Katja Simoncic
HKD 1,559.87
Segregation of Roma Children in Education: Addressing Structural Discrimination through the Framework Convention for the Protection of National Minorities and the Racial Equality Directive 2000/43/EC
Brill Nijhoff

Segregation of Roma Children in Education: Addressing Structural Discrimination through the Framework Convention for the Protection of National Minorities and the Racial Equality Directive 2000/43/EC

Sina Van den Bogaert
HKD 3,125.50