Ebsworth Memorial Lecture: Judging Under a Bill of Rights

2007 ◽  
Author(s):  
Louis Theodor Christian Harms
Keyword(s):  
Memorial Lecture ◽  
Bill Of Rights

Human Rights and the Whirligig of Time

2016 ◽  
Vol 20 (1) ◽  
pp. 1-17
Author(s):  
Stephen Sedley
Keyword(s):  
Human Rights ◽  
Comparative Study ◽  
Law School ◽  
European Convention ◽  
Western World ◽  
Memorial Lecture ◽  
Bill Of Rights ◽  
England And Wales ◽  
Court Of Appeal

Sir Stephen Sedley, former Judge of the Court of Appeal of England and Wales, considers the nature of human rights in this article, which is based on the text of the annual Ruth Adler Memorial Lecture delivered at Edinburgh University Law School in 2015. Sir Stephen undertakes a comparative study of the concept of human rights, one which takes in discussion of human rights culture in the non-Western world as well as the proposal for a British “bill of rights” to replace the European Convention on Human Rights.

scholarly journals Editorial

2017 ◽  
Vol 12 (3) ◽  
pp. 1
Author(s):  
Francois Venter
Keyword(s):  
Separation Of Powers ◽  
Memorial Lecture ◽  
Judicial Activism ◽  
Bill Of Rights ◽  
Societal Values ◽  
Constitutional Adjudication

We are pleased to publish here, as an oratio, the Ebsworth Memorial Lecture delivered by Mr Justice Louis Harms in February 2007.  In his lecture he addressed a range of contentious issues regarding the challenges of judging under a (new) Bill of Rights and he inter alia raises, "without answering, the question of whether a bill of rights should reflect existing societal values or whether it should create them."  He also spoke candidly of judicial activism, verbosity emanating from the bench, the judiciary and the separation of powers and (in-)consistency in constitutional adjudication.  Among his conclusions he states that a Bill of Rights "is supposed to remove arbitrariness, not only of legislation but also of adjudication."

scholarly journals Judging Under a Bill of Rights

2017 ◽  
Vol 12 (3) ◽  
pp. 1
Author(s):  
Louis TC Harms
Keyword(s):  
Separation Of Powers ◽  
Memorial Lecture ◽  
Judicial Activism ◽  
Bill Of Rights ◽  
Societal Values ◽  
Constitutional Adjudication

  We are pleased to publish here, as an oratio, the Ebsworth Memorial Lecture delivered by Mr Justice Louis Harms in February 2007.  In his lecture he addressed a range of contentious issues regarding the challenges of judging under a (new) Bill of Rights and he inter alia raises, "without answering, the question of whether a bill of rights should reflect existing societal values or whether it should create them."  He also spoke candidly of judicial activism, verbosity emanating from the bench, the judiciary and the separation of powers and (in-)consistency in constitutional adjudication.  Among his conclusions he states that a Bill of Rights "is supposed to remove arbitrariness, not only of legislation but also of adjudication." 

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

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