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Look Inside The International Human Rights Judiciary and National Parliaments

The International Human Rights Judiciary and National Parliaments
Europe and Beyond

Part of Studies on Human Rights Conventions

Editors:
Matthew Saul, Universitetet i Oslo
Andreas Follesdal, Universitetet i Oslo
Geir Ulfstein, Universitetet i Oslo

Matthew Saul, Andreas Follesdal, Geir Ulfstein, Kirsten Roberts Lyer, Philippa Webb, Maria Clara Jaramillo, Jürg Steiner, Alice Donald, Theresa Squatrito, Amrei Muller, Colin Murray, Nino Tsereteli, Leiv Marsteintredet, Ed Bates, Colm O'Cinneide

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Date Published: September 2017
availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
format: Adobe eBook Reader
isbn: 9781316879948

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About the Authors

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.
- Proposes a holistic view of the interplay between the international human rights judiciary and national parliaments, providing new insight into an unexplored yet significant field for scholars of law, political science and philosophy, legal officials and policymakers
- Adds an international judicial dimension to the debate on advancing the human rights role of national parliaments, providing readers with an understanding of how bodies with regional and global focuses relate to an issue that is heavily dependent on national context
- The study benefits from the cross fertilisation of ideas with experts that have backgrounds in law, political science and philosophy, creating material that is accessible and relevant for students and scholars interested in the legitimacy and effectiveness of international human rights adjudication
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Product details
- Date Published: September 2017
- format: Adobe eBook Reader
- isbn: 9781316879948
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
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 Jürg 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 Müller
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.
Look Inside
Editors
Matthew Saul, Universitetet i Oslo
Matthew Saul is a Researcher at PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order at the Universitetet i Oslo. He publishes on aspects of general international law, international human rights law, and international adjudication. Saul is the editor of International Law and Dispute Settlement: New Techniques and Problems (2010) and International Law and Post-Conflict Reconstruction Policy (2015). His monograph Popular Governance of Post-Conflict Reconstruction: The Role of International Law was published by Cambridge in 2014.
Andreas Follesdal, Universitetet i Oslo
Andreas Follesdal is Professor of Political Philosophy, Faculty of Law at the Universitetet i Oslo, Principal Investigator, European Research Council Advanced Grant MultiRights 2011–16, on the Legitimacy of Multi-Level Human Rights Judiciary, and Co-Director of PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order. Føllesdal's recent publications include The Legitimacy of International Human Rights Regimes (Cambridge, 2013), and Constituting Europe: The European Court of Human Rights in a National, European and Global Context (Cambridge, 2013).
Geir Ulfstein, Universitetet i Oslo
Geir Ulfstein is Professor of International Law at the Department of Public and International Law, Universitetet i Oslo and Co-Director of PluriCourts - Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo. He has been Director of the Norwegian Centre for Human Rights, Universitetet i Oslo (2004–8). Ulfstein is co-editor of UN Human Rights Treaty Bodies: Law and Legitimacy (Cambridge, 2012) and Making Treaties Work: Human Rights, Environment and Arms Control (Cambridge, 2007), and co-author of The Constitutionalization of International Law (2009).
Contributors
Matthew Saul, Andreas Follesdal, Geir Ulfstein, Kirsten Roberts Lyer, Philippa Webb, Maria Clara Jaramillo, Jürg Steiner, Alice Donald, Theresa Squatrito, Amrei Muller, Colin Murray, Nino Tsereteli, Leiv Marsteintredet, Ed Bates, Colm O'Cinneide