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A Bill of Rights for the United Kingdom? Lessons from Overseas

Alice Donald

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0012
Subject:
Law, Human Rights and Immigration

The right to participate in choosing or changing a constitution is becoming established in law and theory. The means of realising that right in the formation of Bills of Rights, and the consequences ... More


The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Roger Masterman and Ian Leigh (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.001.0001
Subject:
Law, Human Rights and Immigration

More than a decade after it came into force in October 2000 the Human Rights Act 1998 continues to divide opinion. Its supporters argue that the Act represents a subtle reconciliation of human rights ... More


Conservative Anti-HRA Rhetoric, the Bill of Rights ‘Solution’ and the Role of the Bill of Rights Commission

Helen Fenwick

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0013
Subject:
Law, Human Rights and Immigration

This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative ... More


The United Kingdom’s Human Rights Project in Constitutional and Comparative Perspective

Roger Masterman and Ian Leigh

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0001
Subject:
Law, Human Rights and Immigration

This chapter briefly traces the history of the Human Rights Act, contextualising the academic and popular debates which have seen the long-term future of the Act placed in doubt. It introduces some ... More


New Zealand and the New Zealand Bill of Rights Act (1990)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0006
Subject:
Political Science, Comparative Politics

This chapter considers the socio‐politics of bill of rights debates and outcomes in New Zealand. The first part of the chapter focuses on the unsuccessful proposals for a bill of rights in the late ... More


Cross-fertilisation of Constitutional Ideas: The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990

Petra Butler

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0011
Subject:
Law, Human Rights and Immigration

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an ... More


Canada and the Canadian Bill of Rights Act (1960)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0004
Subject:
Political Science, Comparative Politics

This chapter forwards a new socio‐political explanation for the genesis of the Canadian Bill of Rights Act (CBORA) (1960). Following a brief chronological overview, the first part of the chapter ... More


The International Human Rights Legal System

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0004
Subject:
Law, EU Law

This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first ... More


Australia and the failure of national bill of rights genesis

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0008
Subject:
Political Science, Comparative Politics

This chapter explores the contours of bill of rights debates and outcomes in Australia. The first part of the chapter demonstrates that, similarly to the situation in other Westminster democracies, ... More


Constitutional Rights and the Structure of Government

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the gap between historical and modern understandings of rights matters a great deal, because when modern courts actually enforce the Bill of Rights and the rest of the ... More


Structural Rights and the War on Terror

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.011
Subject:
Law, Constitutional and Administrative Law

The eight long years of the second Bush Administration and the War on Terror that it prosecuted have generated an extraordinary number of complex and divisive questions of constitutional law. ... More


Farewell to Christendom: The Future of Church and State in America

Thomas J. Curry

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195145694
eISBN:
9780199834129
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195145690.001.0001
Subject:
Religion, History of Christianity

Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because ... More


The Evolution of Constitutional Monarchy

Vernon Bogdanor

in The Monarchy and the Constitution

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198293347
eISBN:
9780191598821
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198293348.003.0001
Subject:
Political Science, UK Politics

The British monarchy is by far the oldest of all the constitutional monarchies. Its origins can be traced back to before the Norman Conquest. The influence of Magna Carta and the Bill of Rights are ... More


The Effect of a Statutory Bill of Rights where Parliament is Sovereign: The Lesson from New Zealand *

James Allan

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0020
Subject:
Law, Human Rights and Immigration

This chapter examines the first decade of operation of the statutory New Zealand Bill of Rights Act 1990 and the extent to which there have been any judicial moves to ‘upgrade’ it, to make it a more ... More


How Constitutional Rights Limit Governmental Power

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.004
Subject:
Law, Constitutional and Administrative Law

Chapter 3 demonstrated that as a matter of text and history, the Bill of Rights and the Fourteenth Amendment do not create the system of individual autonomy and entitlements that much modern, ... More


The Central Problem of Liberal Constitutional Theory

Robert Song

in Christianity and Liberal Society

Published in print:
2006
Published Online:
October 2011
ISBN:
9780198269335
eISBN:
9780191683619
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198269335.003.0006
Subject:
Religion, Theology, Religion and Society

This chapter examines the key problem in liberal constitutional theory. It attempts to develop some theological understanding of the issues of constitutional and political theory connected with the ... More


Democratic Drift

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0016
Subject:
Political Science, Comparative Politics, UK Politics

At the end of the first decade of the twenty‐first century democracy in the United Kingdom is drifting. No political party seems able to articulate what constitutional reform is for anymore and in ... More


The Basic Constitutional Rules: The Rules of Succession

Vernon Bogdanor

in The Monarchy and the Constitution

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198293347
eISBN:
9780191598821
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198293348.003.0002
Subject:
Political Science, UK Politics

Constitutional monarchy is a form of monarchy governed by rules. In Britain, these rules are of two kinds—non‐statutory rules governing hereditary succession and statutory rules laying down certain ... More


The Human Rights Comparison

Danny Nicol

in EC Membership and the Judicialization of British Politics

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199247790
eISBN:
9780191697685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247790.003.0008
Subject:
Law, EU Law

This chapter is another ‘comparison’ chapter analysing the history of parliamentary debates on a Bill of Rights, culminating in the passage of the Human Rights Act 1998. It investigates whether the ... More


Property Rights and Economic Regulation

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.007
Subject:
Law, Constitutional and Administrative Law

This chapter examines protection of private property and the sanctity of contract from governmental overreaching in the Constitution. In the body of the Constitution itself, the Contracts Clause of ... More


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