Principles Of Human Rights Adjudication

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Principles of Human Rights Adjudication

Author : C. A. Gearty
Publisher : Oxford University Press, USA
Page : 278 pages
File Size : 55,7 Mb
Release : 2004
Category : Human rights
ISBN : 0199270686

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Principles of Human Rights Adjudication by C. A. Gearty Pdf

"This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order.

Principled Reasoning in Human Rights Adjudication

Author : Se-shauna Wheatle
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2014
Category : Constitutional law
ISBN : 1782259848

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Principled Reasoning in Human Rights Adjudication by Se-shauna Wheatle Pdf

Principled Reasoning in Human Rights Adjudication

Author : Se-shauna Wheatle
Publisher : Bloomsbury Publishing
Page : 235 pages
File Size : 41,5 Mb
Release : 2017-04-20
Category : Law
ISBN : 9781782259824

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Principled Reasoning in Human Rights Adjudication by Se-shauna Wheatle Pdf

Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.

Preventing Irreparable Harm

Author : Eva R. Rieter
Publisher : Unknown
Page : 1282 pages
File Size : 51,7 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.

General Principles for Business and Human Rights in International Law

Author : Ludovica Chiussi Curzi
Publisher : BRILL
Page : 404 pages
File Size : 54,5 Mb
Release : 2020-10-26
Category : Law
ISBN : 9789004440036

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General Principles for Business and Human Rights in International Law by Ludovica Chiussi Curzi Pdf

In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

Guiding Principles on Business and Human Rights

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2011
Category : Political Science
ISBN : 9211542014

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Guiding Principles on Business and Human Rights by United Nations. Office of the High Commissioner for Human Rights Pdf

"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Socio-economic Rights

Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 572 pages
File Size : 50,7 Mb
Release : 2010
Category : Business & Economics
ISBN : 0702184802

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Socio-economic Rights by Sandra Liebenberg Pdf

Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Economic and Social Rights Law

Author : Katie Boyle
Publisher : Routledge
Page : 0 pages
File Size : 54,5 Mb
Release : 2022-06
Category : Electronic
ISBN : 1032336099

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Economic and Social Rights Law by Katie Boyle Pdf

Chapter 1 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. Book jacket.

The Universal Declaration of Human Rights in the 21st Century

Author : Gordon Brown
Publisher : Open Book Publishers
Page : 146 pages
File Size : 51,7 Mb
Release : 2016-04-18
Category : Political Science
ISBN : 9781783742219

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The Universal Declaration of Human Rights in the 21st Century by Gordon Brown Pdf

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

A Common Law of International Adjudication

Author : Chester Brown
Publisher : International Courts and Tribu
Page : 0 pages
File Size : 42,7 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 019956390X

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A Common Law of International Adjudication by Chester Brown Pdf

Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.

Human Dignity and the Adjudication of Environmental Rights

Author : Dina L. Townsend
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 42,9 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781789905946

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Human Dignity and the Adjudication of Environmental Rights by Dina L. Townsend Pdf

Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.

Courts, Politics and Constitutional Law

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 46,5 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Human Rights Approaches to Climate Change

Author : Sumudu Atapattu
Publisher : Routledge
Page : 348 pages
File Size : 48,6 Mb
Release : 2015-10-16
Category : Law
ISBN : 9781317910619

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Human Rights Approaches to Climate Change by Sumudu Atapattu Pdf

Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

National Human Rights Institutions

Author : Anonim
Publisher : Professional Training
Page : 0 pages
File Size : 51,6 Mb
Release : 2010
Category : Political Science
ISBN : 9211541891

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National Human Rights Institutions by Anonim Pdf

This publication introduces the reader to national human rights institutions (NHRIs). Its focus is on NHRIs as both cornerstones of national human rights protection and promotion, and links between States and the international human rights system. Respect for human rights requires the concerted effort of every Government, individual, group and organ in society. With this in mind, the publication is intended for all those who seek a basic understanding of NHRIs, the work they do, how they interact with States, civil society and the international community, and how to support their work.

The European Court of Human Rights

Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 51,8 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.