The International Human Rights Judiciary And National Parliaments
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The International Human Rights Judiciary And National Parliaments
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Author : Matthew Saul
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
The International Human Rights Judiciary And National Parliaments written by Matthew Saul 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 2017-10-12 with Law categories.
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
The International Human Rights Judiciary And National Parliaments
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Author : Matthew Saul
language : en
Publisher:
Release Date : 2017
The International Human Rights Judiciary And National Parliaments written by Matthew Saul and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Human rights categories.
Saul, Føllesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Using Human Rights Law In English Courts
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Author : Murray Hunt
language : en
Publisher: Bloomsbury Publishing
Release Date : 1997-03-01
Using Human Rights Law In English Courts written by Murray Hunt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-01 with Law categories.
The primary purpose of this book is to demonstrate the scope that already exists for using international human rights law in English courts, regardless of its status as 'incorporated' or 'unincorporated'. Murray Hunt addresses directly what are commonly supposed to be the theoretical obstacles to using human rights law in English courts and aims to raise awareness of the extent to which these have now fallen away in light of recent developments in English judicial practice. The book was first published in hardback in March 1997.
Parliaments And Human Rights
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Author : Murray Hunt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Parliaments And Human Rights written by Murray Hunt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons
Human Rights Commissions And Ombudsman Offices
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Author : Kamal Hossain
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2000
Human Rights Commissions And Ombudsman Offices written by Kamal Hossain 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 2000 with Political Science categories.
This volume reflects the findings of a conference organized in preparation of setting up a national human rights commission and ombudsman institution in the Federal Democratic Republic of Ethiopia. The meeting assembled experts in the field of the protection and promotion of human rights, and of the problems of countries in transition from a non-democratic system, characterized by gross violations of human rights, towards a democratic system based on the rule of law and respect for human rights. The book analyses the functioning of national human rights commissions and ombudsman institutions in 23 different countries, by means of country report written in the main by members of these institutions themselves and containing an assessment of their experience. Many offer relevant constitutional and legislative provisions as well. This volume thus forms a unique collection of materials dealing with national human rights commissions and ombudsman offices.
Human Rights Protection
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Author : Frances Butler
language : en
Publisher: BRILL
Release Date : 2021-12-28
Human Rights Protection written by Frances Butler and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
All institutions have human rights responsibilities. Some have been set up with this function and others have had human rights principles thrust upon them. This book explores how different institutions, from state entities, national human rights commissions and the judiciary, to the United Nations agencies and international courts, have engaged in human rights protection. There is analysis of their evolution in this role and the methods that they use. Northern Ireland and Bosnia & Herzegovina are illustrative of what can happen to human rights when societies are in conflict. Other chapters consider the development of international criminal law, the trouble with treaties, and the increasing pressure on corporations to demonstrate social responsibility. There is plenty of evidence that human rights protection is as important as ever and this book looks at what is required to achieve this effectively. The British Institute of Human Rights aims to further the protection of human rights through education and research. It is a charity based at King's College London.
International Courts And Domestic Politics
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Author : Marlene Wind
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
International Courts And Domestic Politics written by Marlene Wind 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 2018-07-12 with Law categories.
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.
The Concept Of The Rule Of Law And The European Court Of Human Rights
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Author : Geranne Lautenbach
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
The Concept Of The Rule Of Law And The European Court Of Human Rights written by Geranne Lautenbach and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.
A Europe Of Rights
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Author : Helen Keller
language : en
Publisher: OUP Oxford
Release Date : 2008-07-31
A Europe Of Rights written by Helen Keller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-31 with Political Science categories.
The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.
Rule Of Law Human Rights And Judicial Control Of Power
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2017-05-16
Rule Of Law Human Rights And Judicial Control Of Power written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-16 with Law categories.
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.