Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104

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Book Description
10 The right to life

Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444

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Book Description
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.

Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: New York and Geneva : United Nations
ISBN: 9789211541410
Category : Political Science
Languages : en
Pages : 885

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Book Description
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.

Author: Amrei Müller
Publisher: Cambridge University Press
ISBN: 1107173582
Category : Law
Languages : en
Pages : 641

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Book Description
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.

Author: David M. Beatty
Publisher: BRILL
ISBN: 9004479406
Category : Law
Languages : en
Pages : 374

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Book Description
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.

Author: Yves Haeck
Publisher:
ISBN: 9781780683089
Category : Human rights
Languages : en
Pages : 0

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Book Description
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.

Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348

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Book Description
Scope of Judicial Review

Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420

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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Author: Paolo Lobba
Publisher: International Studies in Human
ISBN: 9789004313743
Category : Law
Languages : en
Pages : 299

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Book Description
Judicial Dialogue on Human Rights' offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to test the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims? rights. Another section of the book seeks to devise a methodologically sound ?grammar? of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.

Author: Eugene Cotran
Publisher: BRILL
ISBN: 9004635009
Category : Law
Languages : en
Pages : 490

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Book Description
This volume contains papers presented at the conference 'The Role of the Judiciary in the Protection of Human Rights', held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council.