Sceptical Essays on Human Rights

Author: Tom Campbell,Keith D. Ewing,Adam Tomkins

Publisher: Oxford University Press on Demand

ISBN: 9780199246694

Category: Political Science

Page: 423

View: 6160

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Britain's Human Rights Act of 1998 is the latest in a wave of legislative and constitutional instruments that put human rights at the top of the public law agenda. These instruments are widely welcomed by senior judges and by academic and practicing lawyers, many of whom have campaigned for their introduction. Other parties, however, have expressed doubts about the wisdom of these developments. In this collection of essays, contributors skillfully explore these reservations.
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The Legal Protection of Human Rights

Sceptical Essays

Author: Tom Campbell,Keith D. Ewing,Adam Tomkins

Publisher: Oxford University Press on Demand

ISBN: 0199606072

Category: Law

Page: 522

View: 8728

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The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights.
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Security and Human Rights

Author: Benjamin Goold,Liora Lazarus

Publisher: Bloomsbury Publishing

ISBN: 1847313620

Category: Law

Page: 426

View: 1287

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In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy offers a genuinely multidisciplinary perspective on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the desire to protect established rights, Security and Human Rights offers a fresh perspective on the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism and protect their citizens.
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Private Law and Human Rights

Bringing Home Rights in Scotland and South Africa

Author: Visser D P Reid Elspeth

Publisher: Edinburgh University Press

ISBN: 0748684182

Category: Law

Page: 577

View: 9677

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A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.
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Criminal Fair Trial Rights

Article 6 of the European Convention on Human Rights

Author: Ryan Goss

Publisher: Bloomsbury Publishing

ISBN: 178225496X

Category: Law

Page: 248

View: 1011

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The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
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Human Rights Obligations of Non-State Actors

Author: Andrew Clapham

Publisher: OUP Oxford

ISBN: 0191018627

Category: Political Science

Page: 648

View: 2599

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The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
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Challenges in Human Rights

A Social Work Perspective

Author: Elisabeth Reichert

Publisher: Columbia University Press

ISBN: 0231510349

Category: Social Science

Page: 296

View: 4663

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By using human rights as a guidepost, social workers can help create social welfare policies that better serve societal needs. However, in applying human rights to contemporary situations, social workers often encounter challenges that require thinking outside the box. Bringing together provocative essays from a diverse range of authors, Elisabeth Reichert demonstrates how approaching social work from a human rights perspective can profoundly affect legislation, resource management, and enforcement of policies. Topics include the reconciliation of cultural relativism with universal human rights; the debate over whether human rights truly promote economic and social development or simply allow economically developed societies to exploit underdeveloped countries; the role of gender in the practice of human rights; the tendency to promote political and civil rights over economic and social rights; and the surprising connection between the social work and legal professions.
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Legal Anthropology

An Introduction

Author: James M. Donovan

Publisher: AltaMira Press

ISBN: 0759113505

Category: Law

Page: 286

View: 2152

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Legal Anthropology: An Introduction offers an initial overview into the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, the text outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution.
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Torture, Truth and Justice

The Case of Timor-Leste

Author: Elizabeth Stanley

Publisher: Routledge

ISBN: 1134021038

Category: Political Science

Page: 208

View: 5260

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This book highlights how, and why, torture is such a compelling tool for states and other powerful actors. While torture has a short-term use value for perpetrators, it also creates a devastating legacy for victims, their families and communities. In exposing such repercussions, this book addresses the questions ‘What might torture victims need to move forward from their violation?’ and ‘How can official responses provide truth or justice for torture victims?’ Building on observations, documentary analysis and over seventy interviews with both torture victims and transitional justice workers this book explores how torture was used, suffered and resisted in Timor-Leste. The author investigates the extent to which transitional justice institutions have provided justice for torture victims; illustrating how truth commissions and international courts operate together and reflecting on their successes and weaknesses with reference to wider social, political and economic conditions. Stanley also details victims’ experiences of torture and highlights how they experience life in the newly built state of Timor-Leste Tracking the past, present and future of human rights, truth and justice for victims in Timor-Leste, Torture, Truth and Justice will be of interest to students, professionals and scholars of Asian studies, International Studies, Human Rights and Social Policy.
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Rights Before Courts

A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

ISBN: 9781402030062

Category: Education

Page: 377

View: 2795

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Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
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