Human Rights Between Law And Politics
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The European Court Of Human Rights Between Law And Politics
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Author : Jonas Christoffersen
language : en
Publisher: Oxford University Press
Release Date : 2011-06-09
The European Court Of Human Rights Between Law And Politics written by Jonas Christoffersen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-09 with Law categories.
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Human Rights Between Law And Politics
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Author : Petr Agha
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
Human Rights Between Law And Politics written by Petr Agha and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
The European Court Of Human Rights Between Law And Politics
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Author : Jonas Christoffersen
language : en
Publisher: OUP Oxford
Release Date : 2013-09-05
The European Court Of Human Rights Between Law And Politics written by Jonas Christoffersen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with Law categories.
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
International Human Rights In Context
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Author : Henry J. Steiner
language : en
Publisher: Oxford University Press, USA
Release Date : 2008
International Human Rights In Context written by Henry J. Steiner 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 2008 with Law categories.
Completely revised and updated to bring it up to date with recent events, this popular textbook incorporates a wide range of carefully edited materials from both primary and secondary sources.
The Law Policy And Politics Of The Un Human Rights Council
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Author : Bertrand G. Ramcharan
language : en
Publisher: BRILL
Release Date : 2015-05-22
The Law Policy And Politics Of The Un Human Rights Council written by Bertrand G. Ramcharan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-22 with Law categories.
It is the merit of this book to present the Human Rights Council in terms of its mandates, roles and organization while seeking to remind the membership and the international community at large that the Council must be anchored in the modern human rights law of the Charter - of which the author gives a superb presentation. The book then proceeds to make the case that human rights are part of international constitutional law and this is exceedingly important at a time when universal values have come under stress from various quarters including from terrorist formations. The argument of the book is essentially that the modern human rights law of the Charter and the human rights provisions of international constitutional law must take precedence for everyone, everywhere.
International Law Politics And Values
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Author : Louis Henkin
language : en
Publisher: BRILL
Release Date : 2023-11-27
International Law Politics And Values written by Louis Henkin and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.
Human Rights As Ethics Politics And Law
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Author : Elena Namli
language : en
Publisher:
Release Date : 2014
Human Rights As Ethics Politics And Law written by Elena Namli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Human rights categories.
This study offers a critical approach to the connections between the law, politics, and morality as they figure in human rights discourse. It argues that human rights must be understood -- ethically, politically, and legally -- through the prism of reasonable skepticism towards the legitimacy of contemporary institutions for the protection of human rights. The colonial legacy of human rights, the lack of transparent principles for dealing with conflicting rights, and the counterproductive overemphasis upon the importance of legal instruments are considered as offering serious challenges to the lasting legitimacy of human rights. These challenges are analyzed by means of selected human rights-related cases as well as theoretical discussion. --publisher description.
Human Rights Standards
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Author : Makau Mutua
language : en
Publisher: SUNY Press
Release Date : 2016-01-14
Human Rights Standards written by Makau Mutua and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-14 with Political Science categories.
A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.
Law Democracy And The European Court Of Human Rights
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Author : Rory O'Connell
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
Law Democracy And The European Court Of Human Rights written by Rory O'Connell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-05 with Law categories.
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
The Law Of Politics
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Author : Graeme Orr
language : en
Publisher: Routledge
Release Date : 2010
The Law Of Politics written by Graeme Orr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This book is the first dedicated monograph on the law on democratic politics in Australia. It synthesises the law on elections, with a central focus on political parties, parliamentary elections and referenda at Federal and State levels.It unearths the rules that apply to elections and referenda, campaigning and political broadcasting, and political parties and money. It explains them in their political context and, while it draws on some local government case law, its focus is parliamentary politics. The longest chapter of the book is devoted to the role of courts in overseeing elections, particularly the jurisdiction of petitioning or challenging election outcomes.Orr uses all five sources of electoral law, its development, expression and interpretation, in Australia: constitutions; courts and tribunals; legislation; parliamentary committees; and electoral commissions. He documents the extraordinary detail of the legislation (there has to be a pencil in each electoral booth!) and the array of obscure cases the law has given rise to. Supported under a grant from The Law Foundation of South Australia.