Human Rights In The Courts
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Judging International Human Rights
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Author : Stefan Kadelbach
language : en
Publisher: Springer
Release Date : 2019-04-15
Judging International Human Rights written by Stefan Kadelbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Human Rights And Judicial Review A Comparative Perspective
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Author : David M. Beatty
language : en
Publisher: BRILL
Release Date : 2021-09-27
Human Rights And Judicial Review A Comparative Perspective written by David M. Beatty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Human Rights In The Administration Of Justice
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Author : United Nations. Office of the High Commissioner for Human Rights
language : en
Publisher: New York and Geneva : United Nations
Release Date : 2003-12-01
Human Rights In The Administration Of Justice written by United Nations. Office of the High Commissioner for Human Rights and has been published by New York and Geneva : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-12-01 with Political Science categories.
Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.
Human Rights Norms In Other International Courts
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Author : Martin Scheinin
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-25
Human Rights Norms In Other International Courts written by Martin Scheinin 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 2019-07-25 with Law categories.
Examines the role and impact of human rights norms in international courts other than human rights courts
Enforcing International Human Rights In Domestic Courts
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Author : Benedetto Conforti
language : en
Publisher: BRILL
Release Date : 2021-09-27
Enforcing International Human Rights In Domestic Courts written by Benedetto Conforti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Revisiting Procedural Human Rights
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Author : Alan Uzelac
language : en
Publisher:
Release Date : 2017
Revisiting Procedural Human Rights written by Alan Uzelac and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Civil law categories.
The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law. While some human rights have been made famous in national mottos such as the French libertU+fffde, U+fffdegalitU+fffde et fraternitU+fffde, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law. Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.
International Women S Rights Cases
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Author : Robyn Emerton
language : en
Publisher: Routledge
Release Date : 2016-09-17
International Women S Rights Cases written by Robyn Emerton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-17 with Law categories.
The last two decades have seen major advances in the legal protection of the human rights of women around the world. A series of international and national court cases has developed an important body of jurisprudence that has been relied on by courts and advocates in many countries to support women's claims for equality and the full enjoyment of human rights and fundamental freedoms. Growing out of a series of judicial colloquia organized by the Commonwealth Secretariat, this compilation brings together a selection of over fifty significant cases from international and national courts. The cases are grouped by theme and presented in full text or edited format. Together they highlight the way in which courts have used international human rights norms and national constitutional standards to contribute to women's equality. A detailed introduction provides a summary of the significance of the cases and references further material available on women's human rights. Cases decided under United Nations human rights treaties, the European and American Conventions on Human Rights and other international instruments, as well as cases decided by national courts in Asia, Africa, Europe, Australasia, and North America are all included. The compilation will be of interest to all those with an interest in the advancement of the human rights of women especially equality advocates, lawyers and judges, scholars and students.
International Human Rights Institutions Tribunals And Courts
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Author : Gerd Oberleitner
language : en
Publisher: Springer
Release Date : 2018-10-27
International Human Rights Institutions Tribunals And Courts written by Gerd Oberleitner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-27 with Law categories.
This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.
International Human Rights Law In The Commonwealth Caribbean
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Author : Angela D. Byre
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1991
International Human Rights Law In The Commonwealth Caribbean written by Angela D. Byre and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
By Christina M. Cerna.
Justiciability Of Human Rights Law In Domestic Jurisdictions
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Author : Alice Diver
language : en
Publisher: Springer
Release Date : 2015-12-15
Justiciability Of Human Rights Law In Domestic Jurisdictions written by Alice Diver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-15 with Law categories.
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.