Parliaments and the European Court of Human Rights

Parliaments and the European Court of Human Rights PDF

Author: Alice Donald

Publisher: Oxford University Press

Published: 2016-08-18

Total Pages: 419

ISBN-13: 0191093165

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The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

Parliaments and Human Rights

Parliaments and Human Rights PDF

Author: Murray Hunt

Publisher: Bloomsbury Publishing

Published: 2015-04-30

Total Pages: 735

ISBN-13: 1782254382

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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 rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Parliaments’ Contributions to Security Sector Governance/Reform and the Sustainable Development Goals

Parliaments’ Contributions to Security Sector Governance/Reform and the Sustainable Development Goals PDF

Author: Wilhelm Janse van Rensburg

Publisher: Ubiquity Press

Published: 2022-02-24

Total Pages: 97

ISBN-13: 1914481216

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The United Nation’s Sustainable Development Goal (SDG) 16 calls for the establishment of peaceful, just and inclusive societies. The security sector has the potential to contribute to SDG16 through the fulfilment of its traditional and non-traditional security tasks. However, the security sector can also detract from SDG16 when it acts outside the confines of the law. Good governance of the sector is therefore a prerequisite to achieving SDG16, and parliaments can make an important contribution to accountability and good governance. Parliaments contribute to both transparency and accountability of the sector through their various functions and act as a counterweight to executive dominance, including in the executive’s use of security forces. Yet, in times of crisis, states run a risk of executive dominance and executives are often quick to resort to the use of the security sector to address an array of challenges. This risk also emerged during the global Covid-19 pandemic where states used the security sector, notably the military and police, in various ways to respond to the pandemic. This study reviewed the utilisation of the security sector in South Africa, the Philippines and the UK during the first year of the Covid-19 outbreak, resulting in varied outcomes ranging from positive humanitarian contributions to misconduct and brutality that led to the death of citizens. The initial lockdowns in these countries constrained parliamentary activity, resulting in a lack of adequate parliamentary oversight of security sector utilisation when it was most needed. Parliaments did recover oversight of the sector to varied degrees, but often with limited depth of inquiry into the Covid-19 deployments. To prevent the security sector from detracting from SDG16, the study identified a need for a rapid parliamentary reaction capability to security sector utilisation, especially in cases of extraordinary deployments coupled with an elevated risk of executive dominance.

Political Constitutionalism

Political Constitutionalism PDF

Author: Richard Bellamy

Publisher: Cambridge University Press

Published: 2007-09-13

Total Pages: 280

ISBN-13: 1139467913

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Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

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