Human Rights And The Courts
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Author | : Martin Scheinin |
Publisher | : Cambridge University Press |
Total Pages | : 517 |
Release | : 2019-07-25 |
Genre | : Law |
ISBN | : 1108499732 |
Examines the role and impact of human rights norms in international courts other than human rights courts
Author | : Yves Haeck |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Human rights |
ISBN | : 9781780683089 |
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Author | : Benedetto Conforti |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 490 |
Release | : 1997-04-08 |
Genre | : Political Science |
ISBN | : 9789041103932 |
CASES - Michael J. Churgin.
Author | : David M. Beatty |
Publisher | : BRILL |
Total Pages | : 374 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004479406 |
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Author | : Michael J. Perry |
Publisher | : Oxford University Press, USA |
Total Pages | : 178 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780195138283 |
Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays.The book will appeal to students of many disciplines, including (but not limited to) law, philosophy, religion, and politics. Copyright © Libri GmbH. All rights reserved.
Author | : Amrei Müller |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2017-05-25 |
Genre | : Law |
ISBN | : 1107173582 |
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Author | : Spyridon Flogaitis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 241 |
Release | : 2013-01-01 |
Genre | : Political Science |
ISBN | : 178254612X |
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author | : Stefan Kadelbach |
Publisher | : Springer |
Total Pages | : 663 |
Release | : 2019-04-15 |
Genre | : Law |
ISBN | : 3319948482 |
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author | : Beth Stephens |
Publisher | : Hotei Publishing |
Total Pages | : 408 |
Release | : 1996 |
Genre | : Law |
ISBN | : |
Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.
Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 288 |
Release | : 2009-07-20 |
Genre | : Political Science |
ISBN | : 1400828155 |
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.