The Compatibility of Human Rights Remedies with the Rule of Law: An Analysis of Rights Remedies in Canada and the United Kingdom, and Their Compatibility with the Rule of Law

摘要

This thesis analyses the development of human rights remedies in Canada and the United Kingdom in the context of two controversial rights issues, euthanasia and prisoner voting. It argues that the development of rights remedies in both jurisdictions has been done in a manner which is incompatible with the rule of law, and as such, creates the risk that individuals will be denied effective protection of their rights, either temporarily or permanently. It proposes a new framework for rights remedies, which ensures the immediate and effective correcting of rights violations, whilst providing a mechanism for engagement with the legislature, ensuring that the any judicial development of policy is constrained by legislative oversight, and ultimately subject to legislative amendment.