Section 19 of the Human Rights Act 1998 : importance, impact and reform
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Parliaments and human rights : redressing the democratic deficit
1. Introduction Murray Hunt, Hayley Hooper and Paul Yowell PART I: LEGISLATIVE REVIEW FOR HUMAN RIGHTS COMPATIBILITY 2. Finding and Filling the Democratic Deficit in Human Rights David Kinley 3. Legislative Rights Review: Addressing the Gap Between Ideals and Constraints Janet Hiebert 4. The role of Parliaments following judgments of the European Court of Human Rights Phil Leach and Alice Donald PART II: LEGISLATIVE HUMAN RIGHTS REVIEW IN THE UK PARLIAMENT 5. The Joint Committee on Human Rights David Feldman 6. The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog Aileen Kavanagh 7. How has the Joint Committee on Human Rights affected legislative deliberation? Paul Yowell 8. Parliament's Role following Declarations of Incompatibility under the Human Rights Act Jeff King PART III: LEGISLATIVE HUMAN RIGHTS REVIEW IN OTHER PARLIAMENTS 9. Australia's Exclusive Parliamentary Model of Rights Protection George Williams and Lisa Burton 10. Legislative Review for Human Rights Compatibility: A View from Sweden Thomas Bull and Iain Cameron 11. Guaranteeing international human rights standards in The Netherlands: the Parliamentary dimension Martin Kuijer 12. Human rights in the European Parliament Geoffrey Harris 13. The protection of human rights in the legislative process in Scotland Bruce Adamson 14. Human rights in the Northern Ireland Assembly David Russell 15. Human rights in the Welsh Assembly Ann Sherlock PART IV: INTERNATIONAL INITIATIVES TO INCREASE THE ROLE OF PARLIAMENTS IN RELATION TO HUMAN RIGHTS 16. The work of the Inter-Parliamentary Union Ingeborg Schwarz 17. The work of the Parliamentary Assembly of the Council of Europe Andrew Drzemczewski and Julia Lowis 18. The work of the Westminster Foundation for Democracy George Kunnath and Angela Patrick PART V: THE IMPLICATIONS OF LEGISLATIVE RIGHTS REVIEW FOR COURTS 19. The Use of Parliamentary Materials by Courts in Proportionality Judgments Hayley Hooper 20. Democratic Deliberation and Judicial Review Liora Lazarus 21. The Varied Roles of Courts and Legislatures in Rights Protection Kent Roach PART VI: A DEMOCRATIC CULTURE OF JUSTIFICATION 22. What is a Democratic Culture of Justification? David Dyzenhaus 23. From Dialogue to Deliberation: Human Rights Adjudication and Prisoners' Right to Vote Sandy Fredman 24. Conclusion: Can Human Rights be Democratised? Murray Hunt
The Breakdown in North-East India
This article tries to unravel the drivers of the protracted ethnic and secessionist conflicts, and the resultant disorder that have marred the north-eastern region of India. These conflicts have mostly been explained using the grievance narrative. But such explanations fail to account for the large variance in violence levels within the region. A rather more fruitful line of inquiry is provided by a state-society reading of the political history of the north-east that highlights the fact that conflicts there are accompanied by a contested and weak authority of governmental agencies and the fragmentation of society. Unpacking this causal connection demands that one delve into the region's history to study the process of state-making—how state leaders in colonial and post-colonial times established bureaucratic apparatuses, and constructed and mobilised collective identities in an effort at legitimacy. By focusing on the cases of Mizoram and Manipur, and their very divergent success with mitigating conflicts, and using qualitative sources of data, the paper demonstrates that in Mizoram the process of state-making was such that it consolidated the public legitimacy and authority of reigning institutions among all sections of society, resulting in the strengthened capability of government agencies to provide services, manage group contestations and avoid breakdown. In Manipur it was localised and traditional centres of power—tribal and ethnic associations—that gained in authority, in effect compromising the legitimacy of the government and the institutional capability of its agencies.