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Reading Bills of Rights in Changing Contexts

Reading Bills of Rights in Changing Contexts : Keeping to the Script.

・ISBN 978-1-84113-133-7 hard

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著者・編者Walker, Campbell,
出版社(Hart, UK)
出版年月2001
ページ数294 pp.
言語ENG
ニュース番号<476-L107>

解説

Since the end of the World War II, many national and international jurisdictions have adopted new bills of civil and political rights. Most recently, the United Kingdom has adopted its Human Rights Act, implementing the European Convention on Human Rights and Fundamental Freedoms. The drafting of bills of rights has become increasingly derivative, with jurisdictions copying or adapting textual descriptions of rights from other bills of rights. This practice assumes that copying the text of a right equates to copying the right itself. This assumption is incorrect. It follows that a bill of rights may have different meanings in different contexts, and more than one meaning in any particular context. This book describes the impact of these conclusions on the jurisprudence of civil and political rights, and sets out the ramifications for the drafters and practitioners of bills of rights.