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Litigating Rights

Perspectives from Domestic and International Law

Editor(s): Grant Huscroft, Paul Rishworth
Media of Litigating Rights
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Published: 23-01-2002
Format: Hardback
Edition: 1st
Extent: 368
ISBN: 9781841131948
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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Loren Epson

About Litigating Rights

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide?

These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom.

Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

Table Of Contents

Part I-Judicial Review and Bills of Rights

1. Rights, Bills of Rights, and the Role of Courts and Legislatures
Grant Huscroft

2. The Bill of Rights: Confirmation of Extant Freedoms or Invitation to Judicial Creation?
Justice Antonin Scalia

3. Rights, Paternalism, Constitutions and Judges
James Allan

4. Judicial Review, Human Rights and Democracy
Andrew S Butler

5. Human Rights Review and the Public–Private Distinction
Murray Hunt

Part II-Liberty and Equality

6. Liberty, Equality and the New Establishment
Paul Rishworth

7. Equality Rights in Canada: Judicial Usurpation or Missed Opportunities?
Justice Ian Binnie

8. Concepts of Equality in International Law
Hilary Charlesworth

9. Liberty and Equality: Complementary, Not Competing, Constitutional Commitments
Nadine Strossen

Part III-Group and Indigenous Rights

10. Group Rights and Constitutional Rights
Tim Dare

11. Taking Group Rights Carefully
Jeremy Waldron

12. Should Maori Group Rights be Part of a New Zealand Constitution?
Andrew Sharp

13. Constitutionalising Maori
Justice Eddie Durie

Part IV-Internationalism

14. The Rule of International Law?
Paul Rishworth

15. The Impact of International Human Rights on Domestic Law
Elizabeth Evatt

16. Intention and Effect: The Legal Status of the Final Views of the Human Rights Committee
Scott Davidson

17. The UK's Human Rights Act 1998: An Early Assessment
Ian Leigh


“This book covers a number of issues extremely important to the litigation of rights in national systems and would be of benefit to anyone seeking to gain further insight to the myriad problems faced in providing more effective protection at this level.” –  Merris Amos, Public Law

“[A] rich and often fascinating volumethe four essays making up the section on group rights are the single best available introduction to this higly contested area.” –  M.A. Sanderson, Modern Law Review

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