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

journal contribution
posted on 2008-01-01, 00:00 authored by Dan MeagherDan Meagher
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.

History

Journal

King's law journal

Volume

19

Issue

1

Pagination

27 - 56

Publisher

Hart Publishing

Location

Oxford, U.K.

ISSN

0961-5768

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2008, Hart Pulishing

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