Court Delay And Human Rights Remedies

Author : Caroline Savvidis
Publisher : Routledge
Page : 213 pages
File Size : 45,8 Mb
Release : 2016-06-23
Category : Political Science
ISBN : 9781317158851

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Court Delay and Human Rights Remedies by Caroline Savvidis Pdf

This book brings legal and academic perspective to the theory and practice surrounding the right to a fair hearing within a reasonable time. This field of rights has been somewhat neglected academically, a fact which jars with the sheer volume of case law budding from this single, simple, fundamental right, bearing testimony to the widespread concern with delay in judicial proceedings which transcends the boundaries of states or legal systems. The work provides a blueprint for analysing the effectiveness of legal remedies across entire legal systems, as well as in any given individual case. The first part focuses on deriving legal principles from the body of jurisprudence of the European Court of Human Rights in Strasbourg, while the second part contains illustrations of the practical application of such principles. The content constitutes essential reading for students, academics, lawyers, judges, practitioners and all those who wish to understand the issue of delay in judicial proceedings, and the legal context of available remedies. The author aims to raise awareness about the human rights issues which come into play when delivery of justice is delayed, and to provide both an academic and practical reference.

Author : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 458 pages
File Size : 50,7 Mb
Release : 2000
Category : Law
ISBN : 0199243026

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Remedies in International Human Rights Law by Dinah Shelton Pdf

This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.

Author : Caroline Savvidis
Publisher : Routledge
Page : 128 pages
File Size : 52,7 Mb
Release : 2016-06-23
Category : Political Science
ISBN : 9781317158868

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Court Delay and Human Rights Remedies by Caroline Savvidis Pdf

This book brings legal and academic perspective to the theory and practice surrounding the right to a fair hearing within a reasonable time. This field of rights has been somewhat neglected academically, a fact which jars with the sheer volume of case law budding from this single, simple, fundamental right, bearing testimony to the widespread concern with delay in judicial proceedings which transcends the boundaries of states or legal systems. The work provides a blueprint for analysing the effectiveness of legal remedies across entire legal systems, as well as in any given individual case. The first part focuses on deriving legal principles from the body of jurisprudence of the European Court of Human Rights in Strasbourg, while the second part contains illustrations of the practical application of such principles. The content constitutes essential reading for students, academics, lawyers, judges, practitioners and all those who wish to understand the issue of delay in judicial proceedings, and the legal context of available remedies. The author aims to raise awareness about the human rights issues which come into play when delivery of justice is delayed, and to provide both an academic and practical reference.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Kent Roach
Publisher : Cambridge University Press
Page : 633 pages
File Size : 42,5 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781108417877

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Remedies for Human Rights Violations by Kent Roach Pdf

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Author : Kent Roach
Publisher : Cambridge University Press
Page : 633 pages
File Size : 52,5 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781108284813

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Remedies for Human Rights Violations by Kent Roach Pdf

An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 52,8 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341

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The European Court of Human Rights by Helmut P. Aust,Esra Demir-Gürsel Pdf

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Author : Eva R. Rieter
Publisher : Unknown
Page : 1282 pages
File Size : 41,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134502090

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Preventing Irreparable Harm by Eva R. Rieter Pdf

International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.

Author : Cordula Dröge
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 2006
Category : Government liability (International law)
ISBN : 9290371064

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The right to a remedy and to reparation for gross human rights violations : a practitioners' guide by Cordula Dröge Pdf

Author : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 513 pages
File Size : 54,5 Mb
Release : 2015
Category : Law
ISBN : 9780199588824

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Remedies in International Human Rights Law by Dinah Shelton Pdf

Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.

Author : Council of Europe. Steering Committee for Human Rights,Council of Europe
Publisher : Council of Europe
Page : 724 pages
File Size : 50,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9287166048

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Reforming the European Convention on Human Rights by Council of Europe. Steering Committee for Human Rights,Council of Europe Pdf

The European ministerial conference on human rights, meeting in Rome on the 50th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms, emphasised two crucial elements: - the responsibility of member states, Parties to the Convention, to ensure constantly that their law and practice conform to the Convention and to execute the judgments of the European Court of Human Rights; - that urgent measures be taken to assist the Court in carrying out its functions, given the ever increasing number of applications. An in-depth reflection should be started as soon as possible on the various possibilities and options with a view to ensuring the effectiveness of the Court in the light of this new situation. The Rome conference has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention. This work has benefited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.

Author : United Nations. Office of the High Commissioner for Human Rights,International Bar Association
Publisher : New York and Geneva : United Nations
Page : 885 pages
File Size : 48,9 Mb
Release : 2003-12-01
Category : Political Science
ISBN : 9211541417

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Human Rights In The Administration Of Justice by United Nations. Office of the High Commissioner for Human Rights,International Bar Association Pdf

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 : Laurence Burgorgue-Larsen,Amaya Ubeda de Torres
Publisher : OUP UK
Page : 948 pages
File Size : 46,8 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780199588787

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The Inter-American Court of Human Rights by Laurence Burgorgue-Larsen,Amaya Ubeda de Torres Pdf

This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.

Author : Jo M. Pasqualucci
Publisher : Cambridge University Press
Page : 461 pages
File Size : 43,7 Mb
Release : 2013
Category : Law
ISBN : 9781107006584

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The Practice and Procedure of the Inter-American Court of Human Rights by Jo M. Pasqualucci Pdf

A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 41,8 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.