Author : Eugene Cotran
Publisher : BRILL
Page : 456 pages
File Size : 17,84 MB
Release : 1997-01-01
Category : Architecture
ISBN : 9789041105127
States - Enid Hill.
Author : Nihal Jayawickrama
Publisher : Cambridge University Press
Page : 1104 pages
File Size : 32,17 MB
Release : 2002-12-12
Category : Law
ISBN : 9780521780421
10 The right to life
Author : Yves Haeck
Publisher :
Page : 0 pages
File Size : 11,81 MB
Release : 2015
Category : Human rights
ISBN : 9781780683089
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Author : E. K. Quansah
Publisher :
Page : 418 pages
File Size : 27,50 MB
Release : 2009
Category : Civil rights
ISBN : 9781905536276
Protection of human rights in Botswana : emerging issues / Bojosi Otlhogile -- The role of international law in human rights litigation in Africa / Magnus Killander -- The challenges of human rights protection in Botswana in the 21st century / Charles Manga Fombad -- Expanding the frontiers of fundamental human rights : judicial protection of human rights in Botswana / Key Dingake -- Judicial protection of human rights in Botswana and the role of international human rights law / Onkemetse Tshosa -- The evolution and development of a value-based and teleological interpretation of statute and common law in South Africa as a result of the 1996 constitution / G. Devenish -- Constitutional rights and judicial activism : bridging the gaps in Botswana / Rehka A. Kumar -- Enhancing the judicial role in human rights protection in Botswana / Charles Manga Fombad -- Dignity as a core constitutional concept / William Binchy -- Access to justice-- through legal aid-- is a human right : why and how Botswana must protect this right / Louise W. McKinney -- Greasing the criminal process with a human touch : the protection of the accused person's right to a trial within a reasonable time / Bugalo Maripe -- Gender and the courts in Botswana : when human rights and customary law clash / Samwiri Wakhakha -- Human rights and HIV/AIDS in Botswana : current perspectives and future prospects / E.K. Quansah -- The role of the judiciary in protecting freedom of expression : how far should the courts go? / Badala Tachilisa Balule -- Perspective on the interface between human rights and the environment in Botswana in the light of the Basarwa case / K.K. Lebotse -- Property guarantees in the constitution and implications for land tenure policy in Botswana / Clement Ng'ong'ola
Author : David M. Beatty
Publisher : BRILL
Page : 374 pages
File Size : 20,71 MB
Release : 2021-09-27
Category : Law
ISBN : 9004479406
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Author : Rainer Arnold
Publisher : Springer
Page : 444 pages
File Size : 42,28 MB
Release : 2017-05-16
Category : Law
ISBN : 3319551868
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author : Oreste Pollicino
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 24,60 MB
Release : 2021-04-22
Category : Law
ISBN : 1509912703
This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : New York and Geneva : United Nations
Page : 885 pages
File Size : 24,56 MB
Release : 2003-12-01
Category : Political Science
ISBN : 9789211541410
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 : Council of Europe
Publisher : Council of Europe
Page : 226 pages
File Size : 18,73 MB
Release : 2020-01-06
Category : Political Science
ISBN : 9287190054
The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.
Author : Francesco Francioni
Publisher : OUP Oxford
Page : 272 pages
File Size : 47,24 MB
Release : 2007-10-25
Category : Law
ISBN : 0191018651
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
