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Parliament’s Secret War
Intro -- Preface -- Contents -- 1. Parliament's Secret War -- A. The Role of the House of Commons in War Powers Decisions: An Historical View -- B. From Discretion to Democratisation -- C. Roadmap of the Book -- D. Methodology: The Political Constitution and Evidence-Based Public Law -- 2. A Legal War? -- A. Use of Force as an International Legal Question -- B. Bringing the War Question Home -- C. Use of Force as a Domestic Question -- D. The Implications of Linking International Legality to Parliament's Constitutional Role on War -- E. Shining a Light on the Subjugation of Politics -- 3. The Convention as a Battlefield -- A. The Role of Conventions in the UK Constitutional Sphere -- B. Th...
Democratic Dialogue and the Constitution
Focusing on the protection of rights in the UK, this book establishes a framework for interactions to better protect rights, facilitate deliberation, engage citizens, and provide for checks and balances. It further evaluates how well these values are achieved in the UK constitution now, and in light of a British Bill of Rights and Brexit.
Parliaments and Human Rights
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 right...
Administrative Law
This book uses the law of judicial review to identify and to explain these principles, and shows how they ought to be worked out in the private law of tort and contract, in administrative tribunals, and in non- judicial techniques such as investigations by ombudsmen, and the work of auditors and other government agencies.
The Legal Protection of Human Rights
The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights. This group of twenty-four leading human rights scholars from around the world present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values.
Encounters between Foreign Relations Law and International Law
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Towards the Environmental Minimum
A practical human rights approach strengthens environmental protection without requiring radical departures from established protection regimes and legal principles.
Parliaments and the European Court of Human Rights
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.
The UN Security Council and the Maintenance of Peace in a Changing World
Three experts present their perspectives on the Security Council's role in maintaining peace in a changing international order.
Deference in Human Rights Adjudication
In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving...
