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Social Rights Under the Constitution: Government and the Decent Life

Cécile Fabre

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.001.0001
Subject:
Political Science, Political Theory

The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights ... More


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


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


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

David Erdos

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.001.0001
Subject:
Political Science, Comparative Politics

This book explores bill of rights outcomes in four countries — Australia, Canada, New Zealand, and the United Kingdom — whose development exhibits an interesting combination of both commonality and ... More


Constitutional Social Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0004
Subject:
Political Science, Political Theory

I argue that it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy ... 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 United Kingdom and the Human Rights Act (1998)

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/9780199557769.003.0007
Subject:
Political Science, Comparative Politics

This chapter examines the socio‐politics of bill of rights debates and outcomes in the United Kingdom including, in particular, the origins of the Human Rights Act (HRA) (1998). Following a brief ... 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


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


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


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


The Formation and Original Meaning of the Fourth Amendment, 1787–1791

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0024
Subject:
Law, Legal History

This chapter discusses the development of the Fourth Amendment. Between 1787 and 1791, the interaction of political expediency and a centuries-old legacy against unreasonable search and seizure ... More


Nigeria

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

Nigeria gained a bill of rights in October 1959 and independence on 1 October 1960. It was a major turning point in the development of bills of rights in Britain's overseas territories. First, it was ... More


The British West Indies

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

During independence negotiations in British Guiana, Jamaica, and Trinidad and Tobago, the debate about bills of rights did not focus on the merits of bills of rights in protecting the rights of ... More


“A Liberal and Enlightened Constitution”: The Scap Model

Ray A. Moore and Donald L. Robinson

in Partners for Democracy: Crafting the New Japanese State Under MacArthur

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195151169
eISBN:
9780199833917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515116X.003.0007
Subject:
Political Science, Democratization

Shows how General MacArthur, early in February 1946, seized on a “scoop” by the newspaper Mainichi that convinced him that the Japanese cabinet was making little headway toward revising the ... 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


The origins of bills of rights: concepts and comparative development

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/9780199557769.003.0002
Subject:
Political Science, Comparative Politics

This chapter defines bills of rights as instruments giving an overarching legal status to a broad set of fundamental human or civil rights. It then argues that, despite this common shape, bills of ... More


East Africa

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

The East African dependencies of Tanganyika, Uganda, and Kenya were the location of the final stage in the development of the Colonial Office policy on bills of rights. In Kenya, there was a minority ... More


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