Human Rights In The Uk And The Influence Of Foreign Jurisprudence
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| Author | : Hélène Tyrrell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 261 |
| Release | : 2018-09-20 |
| Genre | : Law |
| ISBN | : 1509904964 |
Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
| Author | : Kanstantsin Dzehtsiarou |
| Publisher | : Routledge |
| Total Pages | : 249 |
| Release | : 2014-03-21 |
| Genre | : Law |
| ISBN | : 1135971862 |
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
| Author | : Robert McCorquodale |
| Publisher | : BRILL |
| Total Pages | : 542 |
| Release | : 2016-06-27 |
| Genre | : Law |
| ISBN | : 9004284176 |
This book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes. The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century. The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law. Please also see the following related titles: - The Role of Legal Advisers in International Law - British Contributions to International Law, 1915-2015
| Author | : Richard Bellamy |
| Publisher | : Cambridge University Press |
| Total Pages | : 280 |
| Release | : 2007-09-13 |
| Genre | : Political Science |
| ISBN | : 1139467913 |
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
| Author | : Nanette A. Neuwahl |
| Publisher | : BRILL |
| Total Pages | : 351 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482423 |
| Author | : Jenny S. Martinez |
| Publisher | : OUP USA |
| Total Pages | : 264 |
| Release | : 2012-01-04 |
| Genre | : History |
| ISBN | : 0195391624 |
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
| Author | : Jill Barrett |
| Publisher | : BRILL |
| Total Pages | : 3728 |
| Release | : 2020-12-15 |
| Genre | : Law |
| ISBN | : 9004386246 |
Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.
| Author | : Jack L. Goldsmith |
| Publisher | : Oxford University Press |
| Total Pages | : 271 |
| Release | : 2005-02-03 |
| Genre | : Law |
| ISBN | : 019803766X |
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
| Author | : Stephen Hopgood |
| Publisher | : Cambridge University Press |
| Total Pages | : 355 |
| Release | : 2017-08-31 |
| Genre | : Political Science |
| ISBN | : 1107193354 |
With authoritarian states and global culture wars threatening human rights, this volume weighs hopes the for effective human rights advocacy.
| Author | : C. A. Gearty |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198787634 |
The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.
