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Zusatztext [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. Informationen zum Autor Grant Huscroft is Professor of Law at the University of Western Ontario. Paul Rishworth teaches at the University of Auckland, New Zealand. Klappentext 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. Zusammenfassung This collection of essays explores how a range of contemporary issues about how rights and freedoms are best protected in various jurisdictions. Inhaltsverzeichnis 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 ...
