Rights Before Courts
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Rights Before Courts
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Author : Wojciech Sadurski
language : en
Publisher: Springer
Release Date : 2014-05-26
Rights Before Courts written by Wojciech Sadurski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-26 with Law categories.
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Rights Before Courts
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Author : Wojciech Sadurski
language : en
Publisher: Springer
Release Date : 2007-12-20
Rights Before Courts written by Wojciech Sadurski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-20 with Law categories.
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines 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.
Human Rights Litigation Before Indian Courts As An Example And Resource For Other Asian States
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Author : Devasheesh Bais
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2016-06-27
Human Rights Litigation Before Indian Courts As An Example And Resource For Other Asian States written by Devasheesh Bais and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-27 with Law categories.
The Right Of Actio Popularis Before International Courts And Tribunals
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Author : Farid Ahmadov
language : en
Publisher: BRILL
Release Date : 2018-08-23
The Right Of Actio Popularis Before International Courts And Tribunals written by Farid Ahmadov and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
In The Right of Actio Popularis before International Courts and Tribunals Farid Ahmadov provides a detailed analysis of the elements of actio popularis and its operation before various international courts and tribunals.
Advocacy And Human Rights
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Author : Philip Plowden
language : en
Publisher: Psychology Press
Release Date : 2002
Advocacy And Human Rights written by Philip Plowden and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Political Science categories.
The Human Rights Act 1998 was fully implemented in October 2000,and since then it has become clear how fundamentally the Act will challenge all aspects of our legal system. As Sir Stephen Sedley said in his 2000 Eldon lecture: the courts are going to be dependent as never before on the advocates who come before them for knowledgeable and balanced argument about the Convention. This book provides advocates with a guide to the preparation and presentation of Convention-based arguments before domestic courts and tribunals. It analyses recent domestic and Strasbourg case law and sets out points for advocates covering the different issues which may need to be addressed in each area. The book shows advocates how to provide courts with structured and effective guidance on the application of the Human Rights Act, ensuring that they are able to identify and to promote human rights arguments in advancing their clients case.
General International Law Before Human Rights Courts
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Author : Frédéric Vanneste
language : en
Publisher:
Release Date : 2010
General International Law Before Human Rights Courts written by Frédéric Vanneste and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This book analyzes how the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) deal with general international law. In light of the concerns of various authors about the fragmentation of international law and the "human rightist" aspirations of human rights law, the question arises whether these human rights courts put the unity of general international law into danger. The main idea of this study is that the ECtHR and the IACtHR may, in principle, only "elaborate" and not "depart" from or "contradict" general international law. A departure is only acceptable if a clear lex specialis has been established for human rights law. The author researches whether or not the sometimes different case law of both human rights courts fits into this assumption. Almost all topics of general international law that have been dealt with by the ECtHR and IACtHR are analyzed, including: reservations * application of treaties * ratione temporis, ratione loci, and r
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.
Courts And Comparative Law
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Author : Mads Andenas
language : en
Publisher: OUP Oxford
Release Date : 2015-07-30
Courts And Comparative Law written by Mads Andenas and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-30 with Law categories.
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
The Burden Of Proof In Comparative And International Human Rights Law
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Author : Juliane Kokott
language : en
Publisher: BRILL
Release Date : 2023-12-28
The Burden Of Proof In Comparative And International Human Rights Law written by Juliane Kokott and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.
Friendly Settlements Before The European Court Of Human Rights
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Author : Helen Keller
language : en
Publisher: Oxford University Press
Release Date : 2010-09-02
Friendly Settlements Before The European Court Of Human Rights written by Helen Keller 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 2010-09-02 with Law categories.
The European Convention on Human Rights is the world's most effective human rights regime. Its Court has however become bogged down by an enormous workload and settling a case has become an attractive alternative to ordinary proceedings. This book provides a full overview of the Court's friendly settlements and suggest ways they could be improved.