scholarly journals Inaugural Lecture: Mr Bulwark and the Protection of Human Rights

2014 ◽  
Vol 45 (2) ◽  
pp. 367
Author(s):  
Claudia Geiringer
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
The Political ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
Protection Mechanism ◽  
Personal Journey ◽  
Previous Generation ◽  
Inaugural Lecture ◽  
Protection Of Human Rights

This is the text of the author's inaugural lecture as a Professor at the Faculty of Law at Victoria University of Wellington. The author discusses the nature of entrenched bills of rights as a protection mechanism for human rights, particularly focusing on New Zealand and its Bill of Rights Act and the author's personal journey as a scholar. In the first part of the lecture, the author contrasts her intellectual journeys on constitutions and bills of rights with that of the previous generation, which includes the likes of Sir Kenneth Keith and Sir Geoffrey Palmer. The author suggests that the experience of both generations have been both the same and different due to the political and constitutional climates. In the second part of the lecture, the author argues that we are now in a position to start reaching definitive conclusions about how well the New Zealand Bill of Rights Act 1990 has worked by drawing on her own research. The author concludes that it is time for reform, suggesting that judges need more power to enforce constitutional rights.

scholarly journals On a Road to Nowhere: Implied Declarations of Inconsistency and the New Zealand Bill of Rights Act

2009 ◽  
Vol 40 (3) ◽  
pp. 613 ◽  
Author(s):  
Claudia Geringer
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Case Law ◽  
Recent Case ◽  
The Political ◽  
Bill Of Rights ◽  
Legislative Reform ◽  
Routine Basis

This article explores recent case law touching on the suggestion that the New Zealand courts have an implied power to formally declare that legislation is inconsistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990. The article concludes from this case law that the prospects for the development of a formal declaratory jurisdiction of this kind in New Zealand are, if anything, receding. Further, although the Supreme Court's decision in R v Hansen [2007] 3 NZLR 1 affirms the power of the New Zealand courts to informally "indicate" the existence of such legislative inconsistencies, early indications suggest that it is unlikely that this power will be exercised on a routine basis. In the absence of legislative reform, any "dialogue" over human rights between the New Zealand courts and the political branches of government is likely to continue to be far more sporadic and sotto voce than in those countries that have legislated for an express declaration of inconsistency power.

scholarly journals Collaboration in the process of legislative lobbying: A study of a disabled peoples organisation lobbying for change in New Zealand 1989-1993

2021 ◽  
Author(s):  
◽  
Nicholas Ruane
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Minority Groups ◽  
Minority Group ◽  
Political Process ◽  
Disabled Persons ◽  
The Political ◽  
Disability Rights ◽  
Bill Of Rights ◽  
Human Rights Act

<p>This thesis examines lobbying from the disabled people’s organisation Disabled Persons Assembly (DPA) NZ from 1989 until 1993. It explores how the organisation conducted lobbying activities with respect to two pieces of New Zealand legislation with constitutional significance: The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993.  This thesis places the plight of minority groups within the political process squarely under the research microscope and asks: what factors explain the different outcomes to the DPA’s lobbying efforts to the Bill of Rights in 1990 and the Human Rights Act in 1993?  More specifically it examines the DPA’s decision to collaborate with the New Zealand Aids Foundation (AF) during the 1993 Human Rights Act campaign. Collaboration with the AF was a controversial decision that resulted in heated discussions within DPA. Some members were concerned about the political risks of aligning with the AF. DPA leadership however saw a possibility for broad human rights legislation, and took the decision to collaborate. They were convinced that collaboration would bring benefits in the form of greater resources, access to Parliament and better relationships with the media which would all lead to an enhanced capacity to make the case to the public.  The thesis argues that by working with the AF, DPA was able to change its lobbying narrative from one solely focussed upon disability rights to one that broadened out to broader human rights protections. DPA was not positioning itself as a minority group arguing for narrow exceptions to existing legislation, a tactic it had pursued in previous campaigns. The campaign proved successful, gaining support from MP’s, as the Human Rights Act was perceived to have public support.  The thesis also shows that to understand DPA’s successful strategy it needs to be seen in the context of a failed effort from a previous campaign. DPA’s campaign to lobby for the 1993 Human Rights Act began from the point of an unsuccessful fight to have disability rights included in the 1990 Bill of Rights. DPA was, in effect, ‘locked in’ to fighting the 1993 campaign from that point.</p>

scholarly journals Collaboration in the process of legislative lobbying: A study of a disabled peoples organisation lobbying for change in New Zealand 1989-1993

2021 ◽  
Author(s):  
◽  
Nicholas Ruane
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Minority Groups ◽  
Minority Group ◽  
Political Process ◽  
Disabled Persons ◽  
The Political ◽  
Disability Rights ◽  
Bill Of Rights ◽  
Human Rights Act

<p>This thesis examines lobbying from the disabled people’s organisation Disabled Persons Assembly (DPA) NZ from 1989 until 1993. It explores how the organisation conducted lobbying activities with respect to two pieces of New Zealand legislation with constitutional significance: The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993.  This thesis places the plight of minority groups within the political process squarely under the research microscope and asks: what factors explain the different outcomes to the DPA’s lobbying efforts to the Bill of Rights in 1990 and the Human Rights Act in 1993?  More specifically it examines the DPA’s decision to collaborate with the New Zealand Aids Foundation (AF) during the 1993 Human Rights Act campaign. Collaboration with the AF was a controversial decision that resulted in heated discussions within DPA. Some members were concerned about the political risks of aligning with the AF. DPA leadership however saw a possibility for broad human rights legislation, and took the decision to collaborate. They were convinced that collaboration would bring benefits in the form of greater resources, access to Parliament and better relationships with the media which would all lead to an enhanced capacity to make the case to the public.  The thesis argues that by working with the AF, DPA was able to change its lobbying narrative from one solely focussed upon disability rights to one that broadened out to broader human rights protections. DPA was not positioning itself as a minority group arguing for narrow exceptions to existing legislation, a tactic it had pursued in previous campaigns. The campaign proved successful, gaining support from MP’s, as the Human Rights Act was perceived to have public support.  The thesis also shows that to understand DPA’s successful strategy it needs to be seen in the context of a failed effort from a previous campaign. DPA’s campaign to lobby for the 1993 Human Rights Act began from the point of an unsuccessful fight to have disability rights included in the 1990 Bill of Rights. DPA was, in effect, ‘locked in’ to fighting the 1993 campaign from that point.</p>

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.

THE CONCEPT OF "HUMAN RIGHTS" IN THE SOCIO-POLITICAL SCIENCES

2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Farhod Khatamov ◽  
Keyword(s):  
Human Rights ◽  
Political Development ◽  
The Political ◽  
Scientific Article ◽  
Historical Evolution ◽  
Political Sciences ◽  
Special Place ◽  
Protection Of Human Rights

This scientific article analyzes the origin of the concept of "human rights", its historical evolution and role in the political development of society. Scientific conclusions were made by summarizing the interpretations of various periods and historical stages. The study also emphasizes that the protection of human rights and freedoms occupies a special place in the development of human civilization

Conservative Anti-HRA Rhetoric, the Bill of Rights ‘Solution’ and the Role of the Bill of Rights Commission

2013 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Human Rights ◽  
Constitutional Reform ◽  
The Political ◽  
Coalition Government ◽  
Bill Of Rights ◽  
Conservative Government ◽  
European Court ◽  
Human Rights Act ◽  
Advisory Role

This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative government. It considers views expressed by Conservative spokespersons prior to and after the 2010 general election, and answers given by members of the Bill of Rights Commission to the Political and Constitutional Reform Committee in 2011. This chapter also touches on the second aspect of the Commission's remit — its advisory role on reform of the European Court of Human Rights. It questions whether adopting a Bill of Rights on the lines favoured by the Conservative leadership, combined with the Strasbourg reforms recently determined on, would be likely to realise Conservative aims of creating divergence from Strasbourg and enhancing parliamentary autonomy.

1. Introduction

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Organizations ◽  
Protection Of Human Rights ◽  
The Right

This introductory chapter introduces the theme of this book, which is modern international human rights law. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right of liberty to persons, and the right to work, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

Bills of Rights and Decolonization

2007 ◽  
Author(s):  
Parkinson Charles
Keyword(s):  
Human Rights ◽  
Radical Change ◽  
Legal Culture ◽  
The Political ◽  
South East Asia ◽  
Late 20Th Century ◽  
Alternative Perspective ◽  
Protection Of Human Rights ◽  
Political Dimensions ◽  
Overseas Territories

This book analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. More broadly it explores the political dimensions of securing the protection of human rights at independence and the peaceful transfer of power through constitutional means. This book fills a major gap in the literature on British and Commonwealth law, history, and politics by documenting how bills of rights became commonplace in Britain' s former overseas territories. It provides a detailed empirical account of the origins of the bills of rights in Britain's former colonial territories in Africa, the West Indies, and South East Asia as well as in the Atlantic and Pacific Oceans. It sheds light on the development of legal systems at the point of gaining independence and raises questions about the colonial influence on the British legal establishment's change in attitude towards bills of rights in the late 20th century. It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally, this book highlights Britain's human rights legacy to its former Empire, and traces the genesis of the bills of rights of over thirty nations from the Commonwealth.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

scholarly journals From constitutional to human rights: On the moral structure of international human rights

2014 ◽  
Vol 3 (3) ◽  
pp. 373-403 ◽  
Author(s):  
KAI MÖLLER
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
Global Model ◽  
Constitutional Rights ◽  
International Human Rights ◽  
Global Consensus ◽  
Protection Of Human Rights ◽  
Joseph Raz ◽  
International Human ◽  
Moral Structure

AbstractThe paper presents a theory of the moral structure of international human rights. It proceeds by drawing on recent scholarship on the philosophy of national constitutional rights, which has shown that there is now an emerging global consensus on certain structural features of constitutional rights; in previous work I have summarized this under the label ‘the global model of constitutional rights’. Starting from the theory of rights underlying the global model, the paper asks what modifications, if any, are required to turn that theory into a suitable theory of international human rights. In particular, it examines the widely held view that international human rights are more minimalist than national constitutional rights. Discussing recent work by Ronald Dworkin (on political/constitutional versus human rights) and Joseph Raz (on legitimate authority versus national sovereignty), the paper concludes that it is not possible to make rights more minimalist than they already are under the global model. It follows that the moral structures of national constitutional rights and international human rights are identical. The final section of the paper examines some implications of this result, addressing the issues of the workability of the proposed conception of international human rights in practice, its point and purpose, and discussing the obligations of states to participate in international mechanisms for the protection of human rights.

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