THE BEST INTERESTS OF THE CHILD

Despite heavy use of the concept of the "best interests" of the child, there is little consensus about what criteria constitute a child's best interests or how these criteria should be applied. This article explores some of the problems of the best interest concept, from the developmental and psychological perspective, and suggests that the concept is a worthwhile one if decision makers are able to go beyond cliches and superficial definitions.     

Parliamentary Bills of Rights: An Alternative Model?

This paper examines the emergence of a new model for protecting rights (referred to as the 'parliamentary rights' model) in Canada, New Zealand, the United Kingdom, and the Australian Capital Territory. This parliamentary model is distinguished from the more traditional, judicial-centric, approach to rights protection in at least two ways. The first is that this parliamentary rights model incorporates the notion of legitimate political dissent from judicial interpretations of rights. The second way it challenges the court-centred model is by incorporating the systematic evaluation of proposed legislation from a rights perspective. Both of these features allow for the possibility of a broader range of perspectives on the appropriate interpretation of rights or the resolution of disagreements involving claims of rights than those arising from more judicial-centric bills of rights. The paper assesses whether this alternative approach to rights protection satisfies those sceptics who doubt the virtue or prudence of conceiving of political disputes as legal rights claims for which the judiciary has the dominant role in their interpretation and resolution.