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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: 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: 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: 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: 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: 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: 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: Varun Gauri
Publisher: Cambridge University Press
ISBN: 9780521145169
Category : Political Science
Languages : en
Pages : 384
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Book Description
This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
Author: E. K. Quansah
Publisher:
ISBN: 9781905536276
Category : Civil rights
Languages : en
Pages : 418
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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: J. G. Merrills
Publisher: Manchester University Press
ISBN: 9780719045608
Category : Law
Languages : en
Pages : 354
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Book Description
The rule of law.
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.
