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Parliaments and human rights

Parliaments and human rights In a liberal‐democracy, the legislature serves as the democratic arm of the state while the courts serve as the principal protectors of liberal values. There is the potential for conflict between the will of the majority and the rights of individuals and minorities. Legislatures may adopt a detached role, intervening on occasion to give voice to public dissatisfaction with judicial decisions designed to protect human rights, or instead decide to engage in the process of discuss ing and protecting human rights. This paper provides the results of an empirical study of legislatures in European states that are signatories to the European Convention on Human Rights. It employs a simple dichotomous variable of whether or not a legislature has a human rights committee. Though approximately half the legislatures studied have human rights committees, the proportion is greater among the legislatures in southern, central and eastern Europe. The paper concludes by considering the case for greater engagement by legislatures in other countries. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Managerial Law Emerald Publishing

Parliaments and human rights

Managerial Law , Volume 47 (6): 13 – Dec 1, 2005

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Publisher
Emerald Publishing
Copyright
Copyright © 2005 Emerald Group Publishing Limited. All rights reserved.
ISSN
0309-0558
DOI
10.1108/03090550510771197
Publisher site
See Article on Publisher Site

Abstract

In a liberal‐democracy, the legislature serves as the democratic arm of the state while the courts serve as the principal protectors of liberal values. There is the potential for conflict between the will of the majority and the rights of individuals and minorities. Legislatures may adopt a detached role, intervening on occasion to give voice to public dissatisfaction with judicial decisions designed to protect human rights, or instead decide to engage in the process of discuss ing and protecting human rights. This paper provides the results of an empirical study of legislatures in European states that are signatories to the European Convention on Human Rights. It employs a simple dichotomous variable of whether or not a legislature has a human rights committee. Though approximately half the legislatures studied have human rights committees, the proportion is greater among the legislatures in southern, central and eastern Europe. The paper concludes by considering the case for greater engagement by legislatures in other countries.

Journal

Managerial LawEmerald Publishing

Published: Dec 1, 2005

Keywords: Human Rights; Liberal‐democracy; Judicial decisions; Europe; Liberal values

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