Chapter

Remedial Deliberation in the Legislature

Aruna Sathanapally

in Beyond Disagreement

Published in print October 2012 | ISBN: 9780199669301
Published online January 2013 | e-ISBN: 9780191744648 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199669301.003.0008
Remedial Deliberation in the Legislature

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Chapter 1 identified several rationales for leaving the task of devising human rights remedies to the legislature in the first instance, including the legislature’s superior capacity to make certain remedial decisions and the potential to promote cooperation and deliberation across courts and legislatures. Chapter 7 analyses a series of specific case studies of responsive deliberation (including gender recognition and prisoner voting rights), which provide the opportunity to evaluate whether these rationales bear out in practice. It examines one promising example of a DOI being followed by a reflective deliberative process in the legislature. It also considers what disadvantages arise from relying on a legislative remedy to a human rights violation, and from taking an overly permissive approach to legislative deliberation, surfacing two problematic features of the design of DOIs.

Keywords: Bellinger; transsexuals; gender recognition; Hirst; prisoner voting; legislative remedies; retrospective justice; litigants; consultation; delay

Chapter.  11916 words. 

Subjects: Human Rights and Immigration

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