Comparative Human Rights
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Comparative Human Rights Law
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Author : Sandra Fredman
language : en
Publisher: Oxford University Press, USA
Release Date : 2018
Comparative Human Rights Law written by Sandra Fredman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Civil rights categories.
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
Human Rights From A Comparative And International Law Perspective
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Author : Joan Church
language : en
Publisher: Unisa Press
Release Date : 2007
Human Rights From A Comparative And International Law Perspective written by Joan Church and has been published by Unisa Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Comparative law categories.
In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.
Human Rights And Comparative Politics
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Author : Youcef Bouandel
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1997
Human Rights And Comparative Politics written by Youcef Bouandel and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Political Science categories.
Human rights is a central concept in political science, yet it is still poorly understood. This book reviews the literature on human rights and takes into account the different perceptions, asking if human rights can be measured and whether countries can be ranked on the basis of their performance.
Comparative Human Rights
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Author : Richard Pierre Claude
language : en
Publisher:
Release Date : 1979
Comparative Human Rights written by Richard Pierre Claude and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Human rights categories.
Comparative Human Rights
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Author : Richard Pierre Claude
language : en
Publisher: Baltimore : Johns Hopkins University Press
Release Date : 1976
Comparative Human Rights written by Richard Pierre Claude and has been published by Baltimore : Johns Hopkins University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Political Science categories.
Human Rights And The Private Sphere
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Author : Jörg Fedtke
language : en
Publisher: Routledge Cavendish
Release Date : 2015-06-06
Human Rights And The Private Sphere written by Jörg Fedtke and has been published by Routledge Cavendish this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-06 with Law categories.
Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Human Rights In Asia
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Author : Randall Peerenboom
language : en
Publisher: Routledge
Release Date : 2006-09-27
Human Rights In Asia written by Randall Peerenboom and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-27 with History categories.
Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
The Oxford Handbook Of Comparative Constitutional Law
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Author : Michel Rosenfeld
language : en
Publisher: American Chemical Society
Release Date : 2012-05-17
The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by American Chemical Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.
A comprehensive reference resource on comparative constitutional law, this title examines the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.
Protecting Human Rights
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Author : Todd Landman
language : en
Publisher: Georgetown University Press
Release Date : 2005-10-04
Protecting Human Rights written by Todd Landman and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-04 with Political Science categories.
Ours has been called a global "age of rights," an era in which respect for human rights is considered the highest aspiration of the international democratic community. Since the United Nation's 1948 Universal Declaration of Human Rights, a wide variety of protections—civil, political, economic, social, and cultural—have been given legal validation as countries ratify treaties, participate in intergovernmental organizations, and establish human rights tribunals and truth and reconciliation commissions. Yet notable human rights failures have marred the post-Declaration era, including ongoing state violence toward citizens, the selectivity of humanitarian intervention (evidenced by the international community's failure to respond in Rwanda), and recent legislation in advanced democracies that trades some rights for protection against the threat of terrorism. How are we to reconcile the language of rights with the reality? Do we live in an age of rights after all? In Protecting Human Rights, Todd Landman provides a unique quantitative analysis of the marked gap between the principle and practice of human rights. Applying theories and methods from the fields of international law, international relations, and comparative politics, Landman examines data from 193 countries over 25 years (1976-2000) to assess the growth of the international human rights regime, the effect of law on actual protection, and global variation in human rights norms. Landman contends that human rights foreign policy remains based more on geo-strategic interest than moral internationalism. He argues that the influence human rights ideals have begun to have on states cannot be separated from the broader impact of socioeconomic changes that swept the globe in the late twentieth century. Landman concludes that international law alone will not suffice to fully protect human rights—it must be accompanied by democratic government, effective conflict resolution, and just economic systems.
Damages For Violations Of Human Rights
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Author : Ewa Bagińska
language : en
Publisher: Springer
Release Date : 2015-10-20
Damages For Violations Of Human Rights written by Ewa Bagińska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Law categories.
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.