The Work of the Committee in the 2001-2005 Parliament
The Work of the Committee in the 2001-2005 Parliament

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2005-05-26

Total Pages: 180

ISBN-13: 9780104006689

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In this report the Committee describes and explains the full range of its work over the course of the 2001-2005 Parliament. The Committee distils from its experience a number of suggestions for consideration by its successor committee and recommendations addressed to the Government, in order to enhance the integration of human rights considerations into the overall policy and legislative process. Chapter 2 explains the background to the Committee's establishment. Chapter 3 covers the legislative scrutiny performed by the Committee. The monitoring of the implementation of the Human Rights Act is the subject of chapter 4, while chapter 5 covers work in relation to institutional support for human rights within the UK. The inquiries into the international treaties to which the UK is a party are dealt with in chapter 6, including the Convention on the Rights of the Child, the International Covenant on Economic Social and Cultural Rights, and the Convention on the Elimination of Racial Discrimination. The final chapter describes the work undertaken on monitoring action taken by the Government in response to incompatibilities with Convention rights, arising from Strasbourg judgments and declarations of incompatibility by UK courts.

Emergencies in Public Law
Emergencies in Public Law

Author: Karin Loevy

Publisher: Cambridge University Press

Published: 2016-03-11

Total Pages: 323

ISBN-13: 1316592138

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Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.

Parliaments and Human Rights
Parliaments and Human Rights

Author: Murray Hunt

Publisher: Bloomsbury Publishing

Published: 2015-04-30

Total Pages: 540

ISBN-13: 1782254374

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In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

The Role of Governments in Legislative Agenda Setting
The Role of Governments in Legislative Agenda Setting

Author: Bjorn Erik Rasch

Publisher: Routledge

Published: 2013-07-04

Total Pages: 328

ISBN-13: 1136870458

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Setting the agenda for parliament is the most significant institutional weapon for governments to shape policy outcomes, because governments with significant agenda setting powers, like France or the UK, are able to produce the outcomes they prefer, while governments that lack agenda setting powers, such as the Netherlands and Italy in the beginning of the period examined, see their projects significantly altered by their Parliaments. With a strong comparative framework, this coherent volume examines fourteen countries and provides a detailed investigation into the mechanisms by which governments in different countries determine the agendas of their corresponding parliaments. It explores the three different ways that governments can shape legislative outcomes: institutional, partisan and positional, to make an important contribution to legislative politics. It will be of interest to students and scholars of comparative politics, legislative studies/parliamentary research, governments/coalition politics, political economy, and policy studies.

Organising the European Parliament
Organising the European Parliament

Author: Nikoleta Yordanova

Publisher: ECPR Press

Published: 2024-10-31

Total Pages: 125

ISBN-13: 1910259837

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The recent empowerment of the European Parliament makes this a timely study of the impact of its internal organisation on legislative politics, interest representation and democracy within the Union. Using data on all legislators and legislative proposals in the sixth parliamentary term, the book confronts alternative theories of legislative organisation in rigorous statistical analyses supported by rich interview information. The findings indicate that the internal setup and legislative output of the parliamentary committees serve the policy goals of parties in the European Parliament, and in particular the working majority party, rather than special interests or purely informational needs, which the author explains with the formal and informal parliamentary rules. As the committees advance party politics instead of particularistic policies, she concludes that legislating within the committees is positive for democracy in the European Union and raises concerns about the loss in transparency, legitimacy and accountability that the increasingly common fast-track bicameral decision-making outside the committees entails.

Constitutional Idolatry and Democracy
Constitutional Idolatry and Democracy

Author: Brian Christopher Jones

Publisher: Edward Elgar Publishing

Published: 2020-06-26

Total Pages: 217

ISBN-13: 1788971108

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Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.

Parliamentary Opposition in Old and New Democracies
Parliamentary Opposition in Old and New Democracies

Author: Ludger Helms

Publisher: Routledge

Published: 2013-10-18

Total Pages: 269

ISBN-13: 1317970314

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Previously published as a special issue of the Journal of Legislative Studies, this volume offers a broad comparative assessment of the many faces of parliamentary opposition in different political, legal and cultural settings. Issues of political opposition, and of parliamentary opposition in particular, are at the very heart of the study of democratic processes in different parts of the world. Written by leading scholars in the field, this book looks both at the core features of the parliamentary opposition itself and its role in the legislative and wider political process. This includes an inquiry into the manifold challenges that the parliamentary opposition in many countries has come to face in the more recent past, in particular the rise of different non-parliamentary opposition actors. The countries covered in this volume include the old democracies of the Anglo-Saxon world, continental Europe and Japan, and the new democracies and democratizing regimes in Central and Eastern Europe, Latin America and South Africa. Another chapter looks at the manifestations of parliamentary opposition within the multi-level system of the European Union

National Parliaments and European Democracy
National Parliaments and European Democracy

Author: Jit Peters

Publisher: Europa Law Publishing

Published: 2007

Total Pages: 276

ISBN-13: 9789076871813

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This book engages in the vivid debate about the role of nationalparliaments in the future European democracy. These parliaments are widely regarded to be essential in reducing the European Union's democratic deficit, but it remains unclear how their function should be organized. The purpose of this volume is to contribute to such a regime on the basis of a comparative analysis of scrutiny systems, as they exist today.

Research Handbook on Compliance in International Human Rights Law
Research Handbook on Compliance in International Human Rights Law

Author: Grote, Rainer

Publisher: Edward Elgar Publishing

Published: 2021-10-21

Total Pages: 576

ISBN-13: 1788971124

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This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.