Courting Rights

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Courting Social Justice

Varun Gauri,Daniel M. Brinks
Courting Social Justice Book PDF

Author : Varun Gauri,Daniel M. Brinks
Publisher : Cambridge University Press
Page : 384 pages
File Size : 53,9 Mb
Release : 2010-03-15
Category : Political Science
ISBN : 0521145163

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Courting Social Justice by Varun Gauri,Daniel M. Brinks Pdf

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.

Unions in Court

Charles W. Smith,Larry Savage
Unions in Court Book PDF

Author : Charles W. Smith,Larry Savage
Publisher : UBC Press
Page : 268 pages
File Size : 45,7 Mb
Release : 2017-06-09
Category : Law
ISBN : 9780774835411

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Unions in Court by Charles W. Smith,Larry Savage Pdf

Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour’s long-standing distrust of the legal system has given way to a controversial, Charter-based legal strategy. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.

“Race,” Rights and the Law in the Supreme Court of Canada

James W. St. G. Walker,Osgoode Society for Canadian Legal History
Race Rights and the Law in the Supreme Court of Canada Book PDF

Author : James W. St. G. Walker,Osgoode Society for Canadian Legal History
Publisher : Wilfrid Laurier Univ. Press
Page : 474 pages
File Size : 46,5 Mb
Release : 1997-10-27
Category : History
ISBN : UOM:39015040556667

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“Race,” Rights and the Law in the Supreme Court of Canada by James W. St. G. Walker,Osgoode Society for Canadian Legal History Pdf

Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR

Courting Constitutionalism

Moeen Cheema
Courting Constitutionalism Book PDF

Author : Moeen Cheema
Publisher : Cambridge University Press
Page : 289 pages
File Size : 47,5 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108831888

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Courting Constitutionalism by Moeen Cheema Pdf

Presents a deeply contextualized account of public law and judicial review in Pakistan.

Victims' Rights and Advocacy at the International Criminal Court

T. Markus Funk
Victims Rights and Advocacy at the International Criminal Court Book PDF

Author : T. Markus Funk
Publisher : Oxford University Press, USA
Page : 594 pages
File Size : 46,6 Mb
Release : 2015
Category : Law
ISBN : 9780199941469

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Victims' Rights and Advocacy at the International Criminal Court by T. Markus Funk Pdf

North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.

Courting Gender Justice

Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu
Courting Gender Justice Book PDF

Author : Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu
Publisher : Oxford University Press
Page : 352 pages
File Size : 41,8 Mb
Release : 2019-02-01
Category : Law
ISBN : 9780190932848

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Courting Gender Justice by Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu Pdf

Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.

The Charter Revolution and the Court Party

F.L. Morton,Rainer Knopff
The Charter Revolution and the Court Party Book PDF

Author : F.L. Morton,Rainer Knopff
Publisher : Peterborough, Ont. : Broadview Press
Page : 232 pages
File Size : 42,5 Mb
Release : 2000-04
Category : History
ISBN : UOM:39015049735155

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The Charter Revolution and the Court Party by F.L. Morton,Rainer Knopff Pdf

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

The European Court of Human Rights

Angelika Nussberger
The European Court of Human Rights Book PDF

Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 50,9 Mb
Release : 2020
Category : Law
ISBN : 9780198849643

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The European Court of Human Rights by Angelika Nussberger Pdf

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

The European Court of Human Rights and its Discontents

Spyridon Flogaitis,Tom Zwart,Julie Fraser
The European Court of Human Rights and its Discontents Book PDF

Author : Spyridon Flogaitis,Tom Zwart,Julie Fraser
Publisher : Edward Elgar Publishing
Page : 241 pages
File Size : 44,5 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781782546122

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The European Court of Human Rights and its Discontents by Spyridon Flogaitis,Tom Zwart,Julie Fraser Pdf

The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Law, Democracy and the European Court of Human Rights

Rory O'Connell
Law Democracy and the European Court of Human Rights Book PDF

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 40,6 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072

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Law, Democracy and the European Court of Human Rights by Rory O'Connell Pdf

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

The African Court of Justice and Human and Peoples' Rights in Context

Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
The African Court of Justice and Human and Peoples Rights in Context Book PDF

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 42,6 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Courting Justice

Joyce Murdoch,Deb Price
Courting Justice Book PDF

Author : Joyce Murdoch,Deb Price
Publisher : Basic Books
Page : 592 pages
File Size : 51,7 Mb
Release : 2002-05-09
Category : Law
ISBN : 046501514X

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Courting Justice by Joyce Murdoch,Deb Price Pdf

Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here Joyce Murdoch and Deb Price reveal how the nation's highest court has reacted to these cases--from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice gives us an inspiring new perspective on the struggle for civil rights in America.

Human Rights and the United Kingdom Supreme Court

Brice Dickson
Human Rights and the United Kingdom Supreme Court Book PDF

Author : Brice Dickson
Publisher : Oxford University Press
Page : 472 pages
File Size : 50,5 Mb
Release : 2013-03-28
Category : Law
ISBN : 9780199697458

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Human Rights and the United Kingdom Supreme Court by Brice Dickson Pdf

How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.

Homosexuality and the European Court of Human Rights

Paul Johnson
Homosexuality and the European Court of Human Rights Book PDF

Author : Paul Johnson
Publisher : Routledge
Page : 261 pages
File Size : 52,7 Mb
Release : 2013-09-05
Category : Law
ISBN : 9781136218965

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Homosexuality and the European Court of Human Rights by Paul Johnson Pdf

Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

Courting Conflict

Lisa Hajjar
Courting Conflict Book PDF

Author : Lisa Hajjar
Publisher : Univ of California Press
Page : 337 pages
File Size : 44,5 Mb
Release : 2005-01-31
Category : History
ISBN : 9780520937987

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Courting Conflict by Lisa Hajjar Pdf

Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.