Human Rights and Civil Practice

Author: Leigh-Ann Mulcahy

Publisher: N.A


Category: Civil law

Page: 991

View: 4992

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.

Civil Justice in the Age of Human Rights

Author: Mr Joseph M Jacob

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409493288

Category: Law

Page: 296

View: 4621

The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights. The book is primarily concerned with the effects of the HRA on civil procedure and, in particular, the effects on the CPR. It examines the view that the new civil procedure regime could be susceptible to HRA challenges. More specifically, the work discusses whether there are differences between the CPR and the ECHR ideas of what constitutes a fair trial or just decision and between their views of proportionality. The study notes the differences between common and civil law and discusses whether there is any coming together with other European systems. This book will be a valuable resource for academics and researchers as well as lawyers and judges with an interest in the practical implications of the HRA.

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: 3156

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.



Publisher: PHI Learning Pvt. Ltd.

ISBN: 8120352726

Category: Law

Page: 848

View: 7135

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.

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: 5121

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: 9544

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.

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: 9003

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.

The UN Human Rights Committee

Practice and Procedure

Author: Yogesh Tyagi

Publisher: Cambridge University Press

ISBN: 0521115930

Category: Law

Page: 909

View: 6451

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.

The Practice and Procedure of the Inter-American Court of Human Rights

Author: Jo M. Pasqualucci

Publisher: Cambridge University Press

ISBN: 1107006589

Category: Law

Page: 410

View: 3450

A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.

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: 3377

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.

Human Rights

Politics and Practice

Author: Michael Goodhart

Publisher: Oxford University Press

ISBN: 0198708769

Category: Human rights

Page: 499

View: 4263

Human Rights: Politics and Practice is the most complete, most topical, and most student-friendly introduction to human rights. Bringing together a range of international experts including political scientists, philosophers, lawyers, and policy-makers, the book provides students with a broad range of perspectives on the theoretical and practical issues in this constantly evolving field.In addition to in-depth theoretical content, the book also features unrivalled coverage of human rights issues in practice,with a wide range of case studies to explore concrete examples from around the world.The third edition has been brought fully up-to-date with the most recent events and latest research developments in the area. Two new chapters have been added: one on religion and human rights, and one on sexual orientation and gender issues and human rights, introducing students to these important topics and expanding the theoretical and practical discussion of issues of universalism and relativism.The new edition also features a range of carefully developed pedagogical features to aid student learning, encourage critical analysis, and challenge students toquestion their own assumptions. New to this editionA new chapter on religion and human rights highlights the significance of this contested topicA new chapter on sexual orientation and gender identity reflects the growing prominence of the topic in the most up-to-date research in this area'Challenging assumptions' boxes ask students to become aware of and question their own attitudes and assumptions about the topics being explored'Critical thinking' features invite students to reflect on critical questions throughout each chapter'Alternative points of view' boxes highlight differing perspectives on key issues, and direct students to readings that take positions on controversial terms and concepts to encourage them to weigh up the evidence for themselves'Deconstructing' features unpack controversial terms and concepts for students

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: 7516

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.

International Human Rights Law

Author: Javaid Rehman

Publisher: Pearson Education

ISBN: 9781405811811

Category: Law

Page: 947

View: 8782

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

Blackstone's Civil Practice 2006

Author: William Rose,Stuart Sime,Derek French

Publisher: Oxford University Press, USA

ISBN: 9780199207213

Category: Law

Page: 3312

View: 4157

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.

Human Rights and Civil Liberties

Author: Howard Davis

Publisher: Taylor & Francis

ISBN: 1843924544

Category: Social Science

Page: 480

View: 8300

This book provides a wide-ranging and accessible textbook covering the main areas of civil liberties and human rights law as it applies to England and Wales, meeting the requirements of undergraduate law syllabuses. The book sets out not only the legal rules, common law and statutes which relate to the field of civil liberties and human rights, but also the arguments and debates which have surrounded the development of an increasingly controversial area of the law, looking at the background principles underlying it, the coherence and consistency of the rules one to another and the social and political consequences of their application in practice. Particular attention is paid to the impact of developments in Europe, and especially to the Human Rights Act 1998 which has had an especial impact on the freedom to participate in determining public goals and the ability to preserve an area of personal autonomy. The book also addresses the nature and impact of the major statutory reforms in areas such as surveillance, protection of personal data and freedom of information, and devotes as well a chapter to the increasingly prominent issue of 'terrorism' and how the government and the law should respond.

International Human Rights Law and Practice

Author: Ilias Bantekas,Lutz Oette

Publisher: Cambridge University Press

ISBN: 1316677664

Category: Political Science

Page: N.A

View: 6222

Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.

Civil Religion, Human Rights and International Relations

Connecting People Across Cultures and Traditions

Author: Helle Porsdam

Publisher: Edward Elgar Publishing

ISBN: 1781000522

Category: Political Science

Page: 232

View: 1582

This ground breaking book discusses whether human rights can be forged into a common set of transcendent principles against which actions of every nation can be judged and whether such a common understanding, or civil religion, could one day become a vehicle for global peace. Eminent international scholars of history, political science, international relations, human rights and civil religion argue both sides of this debate. In Part One, the theoretical issues relating to why human rights have come about and whether they should be fought for are discussed. Part Two focuses on the reality of actions brought about by human rights ideas with illuminating case studies showing that human rights ideas and practice are generated from both the bottom up and top down by individual actors and institutions. The unique book will be of great interest to scholars in the field of history, human rights, international relations and political science in general.

Human Rights and Social Work

Towards Rights-Based Practice

Author: Jim Ife

Publisher: Cambridge University Press

ISBN: 1139511084

Category: Social Science

Page: N.A

View: 2443

Now in its third edition, Human Rights and Social Work explores how the principles of human rights inform contemporary social work practice. Jim Ife considers the implications of social work's traditional Enlightenment heritage and the possibilities of 'post-Enlightenment' practice in a way that is accessible, direct and engaging. The world has changed significantly since the publication of the first edition in 2000 and this book is situated firmly within the context of present-day debates, concerns and crises. Ife covers the importance of relating human rights to the non-human world, as well as the consequences of political and ecological uncertainty. Featuring examples, further readings and a glossary, readers are able to identify and investigate the important issues and questions arising from human rights and social work. Now more than ever, Human Rights and Social Work is an indispensable resource for students, scholars and practitioners alike.

Civil Justice, Privatization, and Democracy

Author: Trevor C.W. Farrow

Publisher: University of Toronto Press

ISBN: 144269503X

Category: Law

Page: 400

View: 2117

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.