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Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
List of contents
Introduction Matthew Saul, Andreas Follesdal and Geir Ulfstein; Part I. The Human Rights Role of Parliaments: 1. A transnational separation of powers? Geir Ulfstein; 2. Effective parliamentary oversight of human rights Kirsten Roberts Lyer and Philippa Webb; 3. Citizens' deliberation and human rights Jürg Steiner; Part II. The International Human Rights Judiciary in the Practice of Parliaments: 4. Parliaments as compliance partners in the European convention on human rights system Alice Donald; 5. Parliamentary interpretation and application of European human rights law Theresa Squatrito; Part III. National Parliaments in the Practice of the International Human Rights Judiciary: 6. How and when can the international human rights judiciary promote the human rights role of national parliaments? Matthew Saul; 7. Obligations to 'secure' the rights of the Convention in an 'effective political democracy': how should parliaments and domestic courts interact? Amrei Müller; 8. Shifting emergencies from the political to the legal sphere: placing the United Kingdom's derogations from the ECHR in historical context Colin Murray; 9. The role of the European Court of Human Rights in facilitating legislative change in cases of long-term delays in implementation Nino Tsereteli; 10. The Inter-American Court of Human Rights and the mobilisation of parliaments Leiv Marsteintredet; Part IV. Managing Relations between Parliaments and the International Human Rights Judiciary: 11. Democratic override (or rejection) and the authority of the Strasbourg court - the UK parliament and prisoner voting Ed Bates; 12. Saying 'no' to Strasbourg - when are national parliaments justified in refusing to give effect to judgments of international human rights courts? Colm O'Cinneide; 13. Law making by law breaking? A theory of parliamentary civil disobedience against international human rights courts Andreas Follesdal; 14. Conclusion: how does, could, and should the international human rights judiciary interact with national parliaments? Matthew Saul.
About the author
Matthew Saul is a Researcher at PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order at the Universitetet i Oslo. He publishes on aspects of general international law, international human rights law, and international adjudication. Saul is the editor of International Law and Dispute Settlement: New Techniques and Problems (2010) and International Law and Post-Conflict Reconstruction Policy (2015). His monograph Popular Governance of Post-Conflict Reconstruction: The Role of International Law was published by Cambridge in 2014.Andreas Follesdal is Professor of Political Philosophy, Faculty of Law at the Universitetet i Oslo, Principal Investigator, European Research Council Advanced Grant MultiRights 2011–16, on the Legitimacy of Multi-Level Human Rights Judiciary, and Co-Director of PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order. Føllesdal's recent publications include The Legitimacy of International Human Rights Regimes (Cambridge, 2013), and Constituting Europe: The European Court of Human Rights in a National, European and Global Context (Cambridge, 2013).Geir Ulfstein is Professor of International Law at the Department of Public and International Law, Universitetet i Oslo and Co-Director of PluriCourts - Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo. He has been Director of the Norwegian Centre for Human Rights, Universitetet i Oslo (2004–8). Ulfstein is co-editor of UN Human Rights Treaty Bodies: Law and Legitimacy (Cambridge, 2012) and Making Treaties Work: Human Rights, Environment and Arms Control (Cambridge, 2007), and co-author of The Constitutionalization of International Law (2009).
Summary
The authors examine the interplay between national parliaments and the international human rights judiciary. They provide a vital new source of information for scholars of law, political science and philosophy, and offer legal officials and policymakers insights into advancing relations between national and international levels of human rights protection.
