Human Rights and Civil Practice

Author: Leigh-Ann Mulcahy

Publisher: N.A


Category: Civil law

Page: 991

View: 5952

Following the introduction of the Human Rights Act (1998), human rights principles will for the first time be applicable to commercial law in the UK. This work guides practitioners clearly through the implications, explaining both general principles and their day-to-day impact on specific areas of commercial law. It focuses on both the practical and theoretical issues arising from the Act and identifies arguments - both good and bad - which lawyers can expect to encounter in the early years of the Act's implementation. It explains the Act's impact on individual areas of practice - including competition, planning, tax, and employment law, and advises how to use human rights arguments in litigation.

Blackstone's Civil Practice 2013: The Commentary

Author: Prof Stuart Sime,The Rt Hon Lord Justice Maurice Kay,Derek French,Maurice Kay

Publisher: Oxford University Press

ISBN: 0199661375

Category: Law

Page: 1888

View: 3755

A detailed analysis of unrivalled quality, Blackstone's Civil Practice 2013: The Commentary delivers authoritative guidance on the process of civil litigation from commencement of a claim to enforcement of judgments, providing invaluable commentary on civil procedure in a new, concise format.

Blackstone's Civil Practice 2013

Author: Prof Stuart Sime,Derek French

Publisher: OUP Oxford

ISBN: 0191637475

Category: Law

Page: 3120

View: 5671

Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR. Also available, Blackstone's Civil Practice: The Commentary 2013 is a concise new book providing the unique commentary independently from the CPR, PD and other appendix materials. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.

Civil Human Rights in Russia

Modern Problems of Theory and Practice

Author: F. M. Rudinsky

Publisher: Transaction Publishers

ISBN: 1412808944

Category: Political Science

Page: 458

View: 6089

Civil rights is a category of human rights that include individual personal freedom, privacy, personal security, a right to life, dignity, freedom from torture, freedom of movement and residence, and freedom of conscience. Such rights differ from the political, economic, social, and cultural rights guaranteed by the International Bill of Rights. The challenge of enforcing these rights has been acute throughout the world, but Russia in particular has experienced unique and significant difficulties. Until now, the theoretical literature dealing with the legal characteristics of civil rights, how to realize them, and how to protect people from their infringement, has been wanting. This timely and comprehensive volume rectifies this lapse, especially as civil rights enforcement relates to Russia. It draws on a wealth of materials, including reports and statistical data from the United Nations, the Council of Europe, the Ombudsman of the Russian Federation, and several Russian offices of state. The contributors, comprised of researchers, judges, lawyers, and legal authorities, are all experts in human and civil rights and bring a fresh perspective to these issues. They analyze international law, Russian legislation, and decisions of the European Court and the Constitutional Court of Russia each from a humanistic stance. While the authors represent different age groups, occupations, and approaches, they are in agreement on the necessity of protecting civil rights; expanding and developing their guaranty both in Russia and all over the world. Civil Human Rights in Russia dispels many of the myths about Russia and its attitude toward civil rights, especially as regards to the stereotype that the Russian people do not know about such rights, nor care about human dignity. The authors of this volume make clear that Russia has been instrumental in the formation and recognition of universal human rights. The Russian contribution builds on those established by the Magna Carta, the Declaration of Independence, the U.S. Constitution's Bill of Rights, and the French Declaration of the Rights of Man and of the Citizen. This volume is a fundamental contribution to the literature, one that will help the reader to understand the essence of civil human rights and how they may be implemented and enforced in the twenty-first century.



Publisher: PHI Learning Pvt. Ltd.

ISBN: 8120352726

Category: Law

Page: 848

View: 3419

The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It also evaluates the ongoing discourse on various issues relating to life, liberty, equality and human dignity and their reflections in international human rights law referring the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development and theories of human rights at preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human right to development and protection of environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The latter part of the book emphasises on the protection of rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang).Though the book is primarily designed for LLB, BA LLB and LLM and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society.

Teil-Sachentscheidungen und Ökonomie der Streitbeilegung

eine rechtsvergleichende Untersuchung zu Bindungswirkung und Statthaftigkeit gerichtlicher Teilentscheidungen

Author: Johannes Landbrecht

Publisher: Mohr Siebeck

ISBN: 9783161519291

Category: Law

Page: 396

View: 3375

English summary: Bifurcating court proceedings can reduce time and costs. Based on his review and comparison of the procedures applied by English, French, German, and Swiss courts, Johannes Landbrecht therefore proposes guidelines for the granting of partial decisions in order to create more efficient dispute resolution. German description: Ein Zivilprozess ist ein unangenehmes Unterfangen und selten das, was die Parteien primar anstreben. Um den regularen Prozess zu vermeiden, entwickelten sich alternative Methoden der Streitbeilegung, die aber wiederum eigene Probleme mit sich bringen. Johannes Landbrechts Untersuchung zielt daher darauf ab, alternative und klassische Methoden der Streitbeilegung zu kombinieren. Zur okonomischen Beilegung von Streitigkeiten kann es genugen, nur Teilfragen gerichtlich klaren zu lassen. Die Prozessordnungen in Deutschland, England, Frankreich und der Schweiz sehen gerichtliche Teil-Sachentscheidungen vor. Deren praktische Bedeutung differiert jedoch erheblich. Von dieser Bestandsaufnahme ausgehend, entwickelt der Autor deshalb Leitlinien dafur, wie Teil-Sachentscheidungen optimal ausgestaltet und eingesetzt werden konnten, um eine effiziente Streitbeilegung im Ganzen zu ermoglichen.

Notes on Human and Civil Rights

Perspective and Practice with Special Reference to India

Author: Saumen Guha

Publisher: N.A


Category: Human rights

Page: 128

View: 5705


Blackstone's Civil Practice 2006

Author: William Rose,Stuart Sime,Derek French

Publisher: Oxford University Press, USA

ISBN: 9780199207213

Category: Law

Page: 3312

View: 1001

Blackstone's Civil Practice 2006 provides authoritative expert description and analysis of the process of civil litigation in the county courts and in the High Court. It combines a unique narrative commentary with the full text of the Civil Procedure Rules, Practice Directions and Pre-Action Protocols and Practice Guides. The CD-ROM includes hypertext linking for references to the Civil Procedure Rules and Practice Directions, and also includes all relevant forms.

Social Work and Human Rights

A Foundation for Policy and Practice

Author: Elisabeth Reichert

Publisher: Columbia University Press

ISBN: 023114993X

Category: Social Science

Page: 264

View: 9249

Social Work and Human Rights has become a standard text highlighting the role of social work in protecting the rights of vulnerable populations. Through rigorous analysis, classroom exercises, and a frank discussion of the implications for practice both within and outside of the United States, the volume effectively acquaints readers with the political, economic, and social dimensions of rights issues and the documents that guarantee them. New material covers international events, such as the United Nations' Millennium Declaration (2000) and its effort to reduce the poverty and suffering of billions worldwide. The volume now emphasizes cultural rights and includes a probing lesson in cultural relativism. It turns a critical eye toward the failure in the United States to address social welfare issues and its reluctance to rectify policies favoring one group over another. Praise for the first edition: "A human rights compass--a preliminary guide for the translation of human rights for social workers.... It is to be welcomed."--European Journal of Social Work "Foundation documents provide an essential tool for understanding the issues and applying the understanding to concrete social policy advocacy and action."--Canadian Association of Social Workers Bulletin "This is a text which is overdue for social work students and faculty."--Rosemary Link, coauthor of Human Behavior in a Just World: Reaching for Common Ground "Reichert makes human rights concepts come alive. Practice case examples and human rights analysis of the National Association of Social Worker's Code of Ethics are particularly valuable in orienting the reader to the domestic practice applications of the global human rights movement."--Lynne M. Healy, author of International Social Work: Professional Action in an Interdependent World

The Practice of Human Rights

Tracking Law between the Global and the Local

Author: Mark Goodale,Sally Engle Merry

Publisher: Cambridge University Press

ISBN: 1139466208

Category: Political Science

Page: N.A

View: 8701

Human rights are now the dominant approach to social justice globally. But how do human rights work? What do they do? Drawing on anthropological studies of human rights work from around the world, this book examines human rights in practice. It shows how groups and organizations mobilize human rights language in a variety of local settings, often differently from those imagined by human rights law itself. The case studies reveal the contradictions and ambiguities of human rights approaches to various forms of violence. They show that this openness is not a failure of universal human rights as a coherent legal or ethical framework but an essential element in the development of living and organic ideas of human rights in context. Studying human rights in practice means examining the channels of communication and institutional structures that mediate between global ideas and local situations. Suitable for use on inter-disciplinary courses globally.

International Human Rights Law

Author: Javaid Rehman

Publisher: Pearson Education

ISBN: 9781405811811

Category: Law

Page: 947

View: 2213

Javaid Rehman emphasises the practical aspects of International Human Rights Law, and introduces the reader to the broad scope of the subject.

Civil Justice, Privatization, and Democracy

Author: Trevor C.W. Farrow

Publisher: University of Toronto Press

ISBN: 144269503X

Category: Law

Page: 400

View: 6447

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Human Rights and Civil Liberties

Author: Steve Foster

Publisher: Pearson Education

ISBN: 9780582438330

Category: Law

Page: 463

View: 2115

"We are introduced to the meaning and scope of human rights and civil liberties, the reasons for their recognition and enforcement, the machinery available for redress and, equally importantly, the reasons why such rights and liberties need to be restricted and the limitations thereof. These themes form the basis of the first Part of the text. Specific areas of civil liberties, such as freedom of expression, privacy and prisoners' rights, are studied in that context in the second Part, allowing the student to appreciate the tension between human rights and civil liberties and their legal protection, and to develop an understanding of the techniques used in domestic and international law to balance such liberties with other rights and interests."--BOOK JACKET.

A Practical Approach to Civil Procedure

Author: Stuart Sime

Publisher: Oxford University Press (UK)

ISBN: 0198714483

Category: Law

Page: 591

View: 3009

Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is the perfect guide through the maze of procedural requirements employed in the civil courts. Written by an expert in the field and co-editor of Blackstone's Civil Practice, the book provides a wide-ranging and detailed overview of the key statutory provisions, rules, practice directions and case law which govern the various stages of a civil litigation claim, making it essential reading for students and newly qualified litigators alike. Providing highly practical guidance throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered. Updated annually, this seventeenth edition has been fully revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case of Mitchell v News Group Newspapers. Online Resource Centre Regular online updates provide easy access to changes in the field, allowing readers to keep abreast of current legislation and practice.

The Making of European Private Law

Toward a Ius Commune Europaeum as a Mixed Legal System

Author: J. M. Smits

Publisher: Intersentia nv

ISBN: 9050951910

Category: Law

Page: 306

View: 7591

Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).

Human Rights and Social Work

Towards Rights-Based Practice

Author: Jim Ife

Publisher: Cambridge University Press

ISBN: 9780521797016

Category: Law

Page: 230

View: 7797

This book argues that incorporating the idea of three 'generations' of human rights allows us to move beyond the limitations of conventional legal frameworks. It examines current human rights issues and shows how a broader understanding of human rights can be used to ground a form of practice that is central to social work, community development and broader human services. The argument extends the idea of human rights beyond the realm of theoretical analysis, and into the arena of professional practice and social action, using a critical theory perspective. This is set within the context of current debates about globalisation and the need to incorporate an internationalist viewpoint into all social work practice. This insightful new international study adds a vital new perspective to the challenge of promoting international human rights.

The UN Human Rights Committee

Practice and Procedure

Author: Yogesh Tyagi

Publisher: Cambridge University Press

ISBN: 0521115930

Category: Law

Page: 909

View: 8687

This study of the UN Human Rights Committee assesses its conceptual, institutional and functional frameworks and analyses cases with which it has dealt. Its conclusions draw on analysis of the drafting of the International Covenant on Civil and Political Rights and examination of the relevant documents of various international bodies.

European civil liberties and the European Convention on Human Rights

a comparative study

Author: C.A. Gearty

Publisher: Martinus Nijhoff

ISBN: 9789041102539

Category: Political Science

Page: 420

View: 4159

Until Maastricht, few scholars saw the EU as having any implications at all for civil liberties & human rights & even the implications of the European Convention of Human Rights (ECHR) on domestic law of European nations have only slowly come to be fully realised. While there is now an improved understanding of the role of the ECHR within each member state individually, at least as far as the law of that member state is concerned, there is still not a great deal of understanding of how the Convention operates in other countries. In the United Kingdom, for example, very little is known about the impact of the ECHR on other European jurisdictions, & presumably the same is true in France, Germany & so on. It is this gap in our knowledge of comparative civil liberties that the study addresses. This title examines the domestic law of leading European jurisdictions, & the impact of the ECHR within these legal systems.

International Human Rights Law and Practice

Author: Ilias Bantekas,Lutz Oette

Publisher: Cambridge University Press

ISBN: 0521196426

Category: Law

Page: 731

View: 9383

Innovative mix of theory and practice, coupled with engaging writing style and integrated interviews to guarantee students' interest and understanding.

Freedom of Religion

UN and European Human Rights Law and Practice

Author: Paul M. Taylor

Publisher: Cambridge University Press

ISBN: 9781139448772

Category: Political Science

Page: N.A

View: 8388

The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any apparent departures between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief.