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: 2794

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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: 2890

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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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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: 5504

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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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Human Rights Obligations of Non-State Actors

Author: Andrew Clapham

Publisher: OUP Oxford

ISBN: 0191018627

Category: Political Science

Page: 648

View: 1965

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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: 4638

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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: 6922

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Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.
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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: 1838

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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: 9349

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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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Public Law

Author: Adam Tomkins

Publisher: OUP Oxford

ISBN: 0191018600

Category: Law

Page: 256

View: 2178

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Written in the well-established tradition of the Clarendon Law Series, Public Law offers a stimulating re-interpretation of the central themes and problems of English constitutional law. It offers full consideration of the historical development of public law. This book is an introduction that will be especially appealing to the enquiring student who is looking to reflect critically on the assumptions underpinning the standard presentation of the subject. Written throughout in an engaging and accessible style, Public Law examines the issues of power and accountability that are central to constitutional and administrative law. Among the topics considered are the unwritten nature of the constitution, the changing relationship between the law and the politics of the constitution, the separation of powers, the enduring influence of the crown, the role and functions of Parliament, questions of responsible government, and the law of judicial review and human rights.
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Gender, Culture and Human Rights

Reclaiming Universalism

Author: Siobhán Mullally

Publisher: Bloomsbury Publishing

ISBN: 1847311555

Category: Law

Page: 287

View: 3737

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In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.
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