The democratic credentials of statutory bills of rights (and those of a self-styled majoritarian democrat)

Meagher, Dan 2008, The democratic credentials of statutory bills of rights (and those of a self-styled majoritarian democrat), King's law journal, vol. 19, no. 1, pp. 27-56.

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Title The democratic credentials of statutory bills of rights (and those of a self-styled majoritarian democrat)
Author(s) Meagher, Dan
Journal name King's law journal
Volume number 19
Issue number 1
Start page 27
End page 56
Publisher Hart Publishing
Place of publication Oxford, U.K.
Publication date 2008
ISSN 0961-5768
Summary This article has two aims. First, it seeks to demonstrate that the democratic credentials of statutory rights instruments are stronger than bills of rights sceptics such as Professors James Allan and Jeremy Waldron realise. It does so by examining the process by which statutory bills of rights are enacted and then provides an account as to why they are adopted that differs from the one offered by Allan and Waldron. This is done to suggest that the reason why a statutory rights instrument is adopted and the process itself has considerable democratic significance. And second, it seeks to assess the democratic credentials of Professor Allan's own critique of statutory bills of rights. The analysis undertaken in this regard reveals that in important respects Allan is anything but the majoritarian democrat that he routinely claims to be.
Language eng
Field of Research 189999 Law and Legal Studies not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2008, Hart Pulishing
Persistent URL http://hdl.handle.net/10536/DRO/DU:30017333

Document type: Journal Article
Collection: School of Law
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