Parliamentary Bills of Rights: The Experiences of New Zealand and the United Kingdom: 11 (Cambridge Studies in Constitutional Law, Series Number 11) - Softcover

Hiebert, Janet L.

Softcover

ISBN 10: 1107433703 ISBN 13: 9781107433700

Publisher: Cambridge University Press, 2015

Synopsis

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.

About this title

About the Authors

Janet L. Hiebert is a professor in the Department of Political Studies at Queen's University, Ontario.

James B. Kelly is a professor in the Department of Political Science at Concordia University, Montréal.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2015
• Language: English
• ISBN 10: 1107433703
• ISBN 13: 9781107433700
• Binding: Paperback
• Number of pages: 504