Justiciability of Human Rights Law in Domestic Jurisdictions 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 Justiciability of Human Rights Law in Domestic Jurisdictions PDF full book. Access full book title Justiciability of Human Rights Law in Domestic Jurisdictions by Alice Diver. Download full books in PDF and EPUB format.
Author: Alice Diver Publisher: Springer ISBN: 3319240161 Category : Law Languages : en Pages : 438
Book Description
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
Author: Alice Diver Publisher: Springer ISBN: 3319240161 Category : Law Languages : en Pages : 438
Book Description
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
Author: Brice Dickson Publisher: Bloomsbury Publishing ISBN: 1782255052 Category : Law Languages : en Pages : 1082
Book Description
This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Author: International IDEA Publisher: International Institute for Democracy and Electoral Assistance (International IDEA) ISBN: 9187729660 Category : Political Science Languages : en Pages : 480
Book Description
This Handbook was developed for electoral administrators and those involved in reforming EMBs. It provides comparative experience of and best practices on EMB structures and funding models, as well as means for evaluating performance. A range of case studies illustrate examples from specific contexts in Afghanistan, Armenia, Bosnia and Herzegovina, Cambodia, Costa Rica, Haiti, India, Kenya, the Republic of Korea, Liberia, Mexico, Nigeria, Norway, Senegal, Republic of Seychelles, Timor-Leste, Tonga, Tunisia, Ukraine, the United Kingdom and the United States. This new and revised edition of the 2006 International IDEA Handbook includes updated country-level data and case studies and significantly expanded sections on the role of gender, professional development and technology in elections.
Author: Katja S Ziegler Publisher: Bloomsbury Publishing ISBN: 1509902007 Category : Law Languages : en Pages : 815
Book Description
The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.
Author: Aisling Parkes Publisher: Routledge ISBN: 1135085269 Category : Law Languages : en Pages : 392
Book Description
The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.
Author: Myriam Feinberg Publisher: Routledge ISBN: 1317273176 Category : Law Languages : en Pages : 223
Book Description
The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.
Author: David Fée Publisher: Emerald Group Publishing ISBN: 1787149420 Category : Social Science Languages : en Pages : 390
Book Description
This book addresses the question of the extent of and responses to inequalities in the UK in 2017 in the wake of the 2008 Great Recession and provides an up-to-date account of the distribution of inequalities, the evolving ways they are measured/addressed as well as the changing perception of inequalities by the general public and policy-makers.
Author: Alistair Cole Publisher: Routledge ISBN: 135154151X Category : Political Science Languages : en Pages : 137
Book Description
Language constitutes a very sensitive nexus between the concepts of territory and community. Though a fundamental issue in contemporary societies, it remains relatively unaddressed by political scientists. This book promotes a better understanding of the connection between the concepts of identity, territory and language in the context of an enlarged Europe. We propose a portrait of the actual place of regional languages in European politics. Ethno-linguistic mobilisations have occurred in very different contexts, and their interpretation needs to take into account varying configurations and conditions of success that we label as situational, institutional, and socio-political. The book combines empirical case studies drawn from Spain, the UK, Poland, France, Ireland and Canada with comparative, conceptual and theoretical insights into linguistic uniformity and diversity. The various chapters in the book go beyond description. The originality of the work is to bridge the institutionalisation of language regimes, the sociological analysis of languages rights’ movements, and the normative underpinnings that ought to underpin language claims. This book was published as a special issue of Regional and Federal Studies.
Author: Nasia Hadjigeorgiou Publisher: Bloomsbury Publishing ISBN: 1509923446 Category : Law Languages : en Pages : 271
Book Description
This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on. Winner of the Constantinos Emilianides Award in Law for 2020 (joint conferment).
Author: Alice Diver
Author: Alice Diver
Author: Brice Dickson
Author: International IDEA
Author: Katja S Ziegler
Author: Aisling Parkes
Author: Myriam Feinberg
Author: David Fée
Author: Great Britain. Parliament. House of Commons
Author: Alistair Cole
Author: Nasia Hadjigeorgiou