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Author: Simon Halliday Publisher: Bloomsbury Publishing ISBN: 1847311660 Category : Law Languages : en Pages : 292
Book Description
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.
Author: Simon Halliday Publisher: Bloomsbury Publishing ISBN: 1847311660 Category : Law Languages : en Pages : 292
Book Description
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.
Author: Cynthia Soohoo Publisher: University of Pennsylvania Press ISBN: 081222079X Category : History Languages : en Pages : 424
Book Description
Throughout its history, America's policies have alternatively embraced human rights, regarded them with ambivalence, or rejected them out of hand. The essays in this volume put these shifting political winds into a larger historical perspective, from the country's very beginnings to the present day.
Author: Cynthia Soohoo Publisher: ISBN: Category : Political Science Languages : en Pages : 300
Book Description
This three-volume set chronicles the history of human rights in the United States from the perspective of domestic social justice activism. First, the set examines the political forces and historic events that resulted in the U.S.'s failure to embrace human rights principles at home while actively (albeit selectively) championing and promoting human rights abroad. It then considers the current explosion of human rights activism around issues within the United States and the way human rights is transforming domestic social justice work. The first volume provides a historical perspective on the United States' ambivalent relationship with the international human rights movement. It examines the implications of recognizing domestic rights violations as a matter of international concern and the relationship between international and domestic law. It also addresses the role the Cold War and Southern opposition to international scrutiny of its Jim Crow policies and segregation played in shaping U.S. attitudes toward human rights generally and social and economic rights in particular. These factors forced social justice organizations to largely abandon employing a human rights framework in their domestic work and had a lasting impact on U.S. perspectives about fundamental rights and the role of government. The set also chronicles current domestic human rights work. Volumes two and three consider why domestic activists currently are using human rights and the tactical advantages and practical challenges posed by such strategies. These volumes cover everything from globalization to terrorism and the erosion of civil rights protections that led to a renewed interest in human rights; human rights versus civil rights strategies; and the different ways human rights can support social activism.
Author: David Hoffman Publisher: Cambridge University Press ISBN: 1139503200 Category : Political Science Languages : en Pages :
Book Description
The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
Author: Cynthia Soohoo Publisher: ISBN: 9780275988241 Category : Political Science Languages : en Pages : 352
Book Description
This three-volume set chronicles the history of human rights in the United States from the perspective of domestic social justice activism. First, the set examines the political forces and historic events that resulted in the U.S.'s failure to embrace human rights principles at home while actively (albeit selectively) championing and promoting human rights abroad. It then considers the current explosion of human rights activism around issues within the United States and the way human rights is transforming domestic social justice work. The first volume provides a historical perspective on the United States' ambivalent relationship with the international human rights movement. It examines the implications of recognizing domestic rights violations as a matter of international concern and the relationship between international and domestic law. It also addresses the role the Cold War and Southern opposition to international scrutiny of its Jim Crow policies and segregation played in shaping U.S. attitudes toward human rights generally and social and economic rights in particular. These factors forced social justice organizations to largely abandon employing a human rights framework in their domestic work and had a lasting impact on U.S. perspectives about fundamental rights and the role of government. The set also chronicles current domestic human rights work. Volumes two and three consider why domestic activists currently are using human rights and the tactical advantages and practical challenges posed by such strategies. These volumes cover everything from globalization to terrorism and the erosion of civil rights protections that led to a renewed interest in human rights; human rights versus civil rights strategies; and the different ways human rights can support social activism.
Author: Frederick Cowell Publisher: Routledge ISBN: 1315310031 Category : Law Languages : en Pages : 259
Book Description
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.
Author: Catherine Albisa Publisher: Bloomsbury Publishing USA ISBN: 0313055513 Category : Political Science Languages : en Pages : 915
Book Description
This three-volume set chronicles the history of human rights in the United States from the perspective of domestic social justice activism. First, the set examines the political forces and historic events that resulted in the U.S.'s failure to embrace human rights principles at home while actively (albeit selectively) championing and promoting human rights abroad. It then considers the current explosion of human rights activism around issues within the United States and the way human rights is transforming domestic social justice work. The first volume provides a historical perspective on the United States' ambivalent relationship with the international human rights movement. It examines the implications of recognizing domestic rights violations as a matter of international concern and the relationship between international and domestic law. It also addresses the role the Cold War and Southern opposition to international scrutiny of its Jim Crow policies and segregation played in shaping U.S. attitudes toward human rights generally and social and economic rights in particular. These factors forced social justice organizations to largely abandon employing a human rights framework in their domestic work and had a lasting impact on U.S. perspectives about fundamental rights and the role of government. The set also chronicles current domestic human rights work. Volumes two and three consider why domestic activists currently are using human rights and the tactical advantages and practical challenges posed by such strategies. These volumes cover everything from globalization to terrorism and the erosion of civil rights protections that led to a renewed interest in human rights; human rights versus civil rights strategies; and the different ways human rights can support social activism.
Author: Simon Halliday
Author: Simon Halliday
Author: Cynthia Soohoo
Author: Simon Halliday
Author: Great Britain. Home Office
Author: Cynthia Soohoo
Author: 
Author: David Hoffman
Author: Cynthia Soohoo
Author: Frederick Cowell
Author: Catherine Albisa