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Justice And Unjusticiability


Justice And Unjusticiability
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Justice And Unjusticiability


Justice And Unjusticiability
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Author : Ermanno Calzolaio
language : en
Publisher: LIT Verlag Münster
Release Date : 2020-03-10

Justice And Unjusticiability written by Ermanno Calzolaio and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-10 with categories.


The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.



Access To Justice And Non Justiciability


Access To Justice And Non Justiciability
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Author : Katarina T. Revocati
language : en
Publisher:
Release Date : 2005

Access To Justice And Non Justiciability written by Katarina T. Revocati and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.




Justiciability Of Human Rights Law In Domestic Jurisdictions


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.



The Non Justiciability Of Justice


The Non Justiciability Of Justice
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Author : Maria Giannacopoulos
language : en
Publisher:
Release Date : 2009

The Non Justiciability Of Justice written by Maria Giannacopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Discrimination in justice administration categories.




Justiciability And The Nature Of Judicial Obligation


Justiciability And The Nature Of Judicial Obligation
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Author : Richard A. Vachon
language : en
Publisher:
Release Date : 1962

Justiciability And The Nature Of Judicial Obligation written by Richard A. Vachon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Apportionment (Election law) categories.




Social Rights Jurisprudence


Social Rights Jurisprudence
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Author : Malcolm Langford
language : en
Publisher: Cambridge University Press
Release Date : 2009-01-19

Social Rights Jurisprudence written by Malcolm Langford 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 2009-01-19 with Political Science categories.


In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.



Challenged Justice In Pursuit Of Judicial Independence


Challenged Justice In Pursuit Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2021-08-24

Challenged Justice In Pursuit Of Judicial Independence written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-24 with Law categories.


The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.



From Judgment To Justice


From Judgment To Justice
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Author : David C. Baluarte
language : en
Publisher:
Release Date : 2010

From Judgment To Justice written by David C. Baluarte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Human rights categories.


Despite unquestionable achievements over the past 25 years, the Inter-American, European, African, and UN systems all face tremendous obstacles in translating their verdicts into change on the ground. In many cases, landmark decisions have not yielded meaningful reform. This report by the Open Society Justice Initiative reviews the implementation of judgments across the world's four human rights systems. Working from empirical data as well as interviews conducted with court personnel, human rights advocates, and academics, authors David C. Baluarte and Christian M. De Vos provide a comprehensive review of the dynamics involved in putting international commitments into practice. The report provides recommendations tailored to each system, while also pulling together common points of concern in its final chapter.--Publisher description.



The Future Of Economic And Social Rights


The Future Of Economic And Social Rights
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Author : Katharine G. Young
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11

The Future Of Economic And Social Rights written by Katharine G. Young 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 2019-04-11 with Law categories.


Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.



Judicial Acts And Investment Treaty Arbitration


Judicial Acts And Investment Treaty Arbitration
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Author : Berk Demirkol
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11

Judicial Acts And Investment Treaty Arbitration written by Berk Demirkol 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 2018-01-11 with Law categories.


A study of state responsibility for acts committed in the course of different stages of adjudicatory process.