Parliamentary bills of rights : the experiences of New Zealand and the United Kingdom / Janet L. Hiebert and James B. Kelly.
2015
K3240 .H54 2015 (Map It)
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Details
Title
Parliamentary bills of rights : the experiences of New Zealand and the United Kingdom / Janet L. Hiebert and James B. Kelly.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Call Number
K3240 .H54 2015
ISBN
9781107076518 (hardback)
110707651X (hardback)
110707651X (hardback)
Description
xviii, 484 pages ; 24 cm.
System Control No.
(OCoLC)883749464
Summary
"Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 422-462) and index.
Record Appears in
Gift
Purchased from the income of the Fisch Fund
Added Author
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Fisch Fund
Table of Contents
List of tables and appendices
xi
Acknowledgements
xii
List of abbreviations
xv
Table of cases
xvi
Table of legislation
xviii
1.
Introduction
1
I.
The New Zealand Bill of Rights Act 1990
31
2.
Political origins of the New Zealand Bill of Rights Act
33
3.
The New Zealand Bill of Rights Act 1990 and MMP
72
4.
The Misuse of Drugs Act 1975 and prisoner disenfranchisement
113
5.
The Attorney General, select committees and penal populism
174
II.
The United Kingdom's Human Rights Act 1998
233
6.
Political origins of the Human Rights Act
235
7.
Pre-legislative compatibility assessments under the HRA
262
8.
Parliamentary review of national security measures
304
9.
Parliamentary review: equality and democratic issues
346
10.
Conclusion
401
Appendix I
413
Bibliography
422
Index
463