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Providing the first empirical analysis of declarations of incompatibility under the UK Human Rights Act and their aftermath in the legislative process, this book details these 'open remedies' and draws comparisons with similar human rights mechanisms in the US, Canada, South Africa, and Australia.
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Vols. 65-96 include "Central law journal's international law list."
How do bills of rights influence legislative decision-making in New Zealand and the United Kingdom?
Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.

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