The Constitutionalization Of Human Rights Law
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The Constitutionalization Of Human Rights Law
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Author : Stephen Meili
language : en
Publisher: Oxford University Press
Release Date : 2022-08-25
The Constitutionalization Of Human Rights Law written by Stephen Meili 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 2022-08-25 with Law categories.
The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and it's implementation. Focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) the book examines how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. For this reason, cause lawyers (those who use the law to empower others) have turned to constitutionalized human rights law. While many countries likely included such provisions in their constitutions without intending to fulfil their commitments, cause lawyers have seized on them as a more enforceable means of rights protection. This book theorizes a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. It makes important contributions to three strands of socio-legal literature. As to the effectiveness of human rights treaties, it provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyses how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients.
The Constitutionalization Of Human Rights Law
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Author : Stephen E. Meili
language : en
Publisher:
Release Date : 2022
The Constitutionalization Of Human Rights Law written by Stephen E. Meili and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Constitutional law categories.
"The Constitutionalization of Human Rights Law analyzes how lawyers representing refugees use human rights provisions in national constitutions to close the gap between law on the books and how that law is implemented by focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) and how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. Given that law's growing irrelevance, cause lawyers have turned to constitutionalized human rights law. While many countries likely included such provisions in their Constitutions without intending to fulfill their commitments, cause lawyers have seized on them as a more enforceable means of rights protection. This book proposes a theory of a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. It makes important contributions to three strands of socio-legal literature. As to the effectiveness of human rights treaties, it provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyzes how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients"--
The Constitutionalization Of International Law
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Author : Jan Klabbers
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
The Constitutionalization Of International Law written by Jan Klabbers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Constitutionalisation Of Private Law
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Author : Thomas Barkhuysen
language : en
Publisher: BRILL
Release Date : 2006
Constitutionalisation Of Private Law written by Thomas Barkhuysen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
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.
Constitutionalizing Transitional Justice
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Author : Cheng-Yi Huang
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-11
Constitutionalizing Transitional Justice written by Cheng-Yi Huang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-11 with Law categories.
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Perspectives On Global Constitutionalism
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Author : Gábor Halmai
language : en
Publisher:
Release Date : 2014
Perspectives On Global Constitutionalism written by Gábor Halmai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Comparative law categories.
This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.
Human Rights Today
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Author : Miodrag A. Jovanović
language : en
Publisher: Eleven International Publishing
Release Date : 2010
Human Rights Today written by Miodrag A. Jovanović and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This book is a collection of updated papers, presented at the conference Universal Declaration 60 Years After, which was convened at the Faculty of Law, University of Belgrade in September 2008. Issues in human rights law are critically assessed by a distinguished group of academics, researchers and practitioners. The book is divided into three parts. The first part addresses general issues of human rights theory and practice, such as the relation of human rights politics and the international rule of law, the human rights claim to universality, the constitutionalization of international law through human rights instruments, as well as problems of human rights culture and/or ideology. The second part deals both with the role of domestic and international courts for the effective protection of human rights and with the specific techniques of implementation of human rights law. The third part of the book is dedicated to developments, such as the growing importance of various forms of minority protection for the general body of human rights norms, as well as the role that human dignity as a prime constitutional value plays in certain legal systems. It also addresses widely debated challenges for human rights law: its status in times of war and in the global fight against terrorism.
International Economic Law In The 21st Century
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Author : Ernst-Ulrich Petersmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-07-24
International Economic Law In The 21st Century written by Ernst-Ulrich Petersmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-24 with Law categories.
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
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.