The Role of the Judiciary in the Protection of Human Rights PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Role of the Judiciary in the Protection of Human Rights PDF full book. Access full book title The Role of the Judiciary in the Protection of Human Rights by Eugene Cotran. Download full books in PDF and EPUB format.
Author: Eugene Cotran
Publisher: BRILL
ISBN: 9789041105127
Category : Architecture
Languages : en
Pages : 456
Get Book Here
Book Description
States - Enid Hill.
Author: Eugene Cotran
Publisher: BRILL
ISBN: 9789041105127
Category : Architecture
Languages : en
Pages : 456
Get Book Here
Book Description
States - Enid Hill.
Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104
Get Book Here
Book Description
10 The right to life
Author: Yves Haeck
Publisher:
ISBN: 9781780683089
Category : Human rights
Languages : en
Pages : 0
Get Book Here
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: E. K. Quansah
Publisher:
ISBN: 9781905536276
Category : Civil rights
Languages : en
Pages : 418
Get Book Here
Book Description
Protection of human rights in Botswana : emerging issues / Bojosi Otlhogile -- The role of international law in human rights litigation in Africa / Magnus Killander -- The challenges of human rights protection in Botswana in the 21st century / Charles Manga Fombad -- Expanding the frontiers of fundamental human rights : judicial protection of human rights in Botswana / Key Dingake -- Judicial protection of human rights in Botswana and the role of international human rights law / Onkemetse Tshosa -- The evolution and development of a value-based and teleological interpretation of statute and common law in South Africa as a result of the 1996 constitution / G. Devenish -- Constitutional rights and judicial activism : bridging the gaps in Botswana / Rehka A. Kumar -- Enhancing the judicial role in human rights protection in Botswana / Charles Manga Fombad -- Dignity as a core constitutional concept / William Binchy -- Access to justice-- through legal aid-- is a human right : why and how Botswana must protect this right / Louise W. McKinney -- Greasing the criminal process with a human touch : the protection of the accused person's right to a trial within a reasonable time / Bugalo Maripe -- Gender and the courts in Botswana : when human rights and customary law clash / Samwiri Wakhakha -- Human rights and HIV/AIDS in Botswana : current perspectives and future prospects / E.K. Quansah -- The role of the judiciary in protecting freedom of expression : how far should the courts go? / Badala Tachilisa Balule -- Perspective on the interface between human rights and the environment in Botswana in the light of the Basarwa case / K.K. Lebotse -- Property guarantees in the constitution and implications for land tenure policy in Botswana / Clement Ng'ong'ola
Author: David M. Beatty
Publisher: BRILL
ISBN: 9004479406
Category : Law
Languages : en
Pages : 374
Get Book Here
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: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444
Get Book Here
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
Get Book Here
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: Council of Europe
Publisher: Council of Europe
ISBN: 9287190054
Category : Political Science
Languages : en
Pages : 226
Get Book Here
Book Description
The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.
Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191018651
Category : Law
Languages : en
Pages : 272
Get Book Here
Book Description
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288
Get Book Here
Book Description
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
