[PDF] The Judicial Application Of Human Rights Law eBook

Author : Nihal Jayawickrama
Publisher : Cambridge University Press
Page : 2109 pages
File Size : 46,6 MB
Release : 2017-07-20
Category : Political Science
ISBN : 1108210139

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Since the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.

Author : Nihal Jayawickrama
Publisher : Cambridge University Press
Page : 1104 pages
File Size : 14,50 MB
Release : 2002-12-12
Category : Law
ISBN : 9780521780421

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10 The right to life

Author : Stefan Kadelbach
Publisher : Springer
Page : 663 pages
File Size : 20,59 MB
Release : 2019-04-15
Category : Law
ISBN : 3319948482

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This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

Author : Nihal Jayawickrama
Publisher :
Page : 965 pages
File Size : 14,42 MB
Release : 2002
Category :
ISBN :

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Since the 1948 Universal Declaration of Human Rights, over 140 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions brings new dimensions to concepts first articulated in the 1948 Declaration. Nihal Jayawickrama draws on all available sources to encapsulate the judicial interpretation of human rights law in one ambitious, comprehensive volume. Jayawickrama covers the case law of the superior courts of over eighty countries in North America, Europe, Africa, Asia, and the Pacific, and the jurisprudence of the UN Human Rights monitoring bodies, the European Court of Human Rights, and of the Inter-American system. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive compendium will be essential for legal practitioners, government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights. Comment Don:RWI.

Author : Rainer Arnold
Publisher : Springer
Page : 444 pages
File Size : 38,95 MB
Release : 2017-05-16
Category : Law
ISBN : 3319551868

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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 : United Nations. Office of the High Commissioner for Human Rights
Publisher : New York and Geneva : United Nations
Page : 885 pages
File Size : 38,31 MB
Release : 2003-12-01
Category : Political Science
ISBN : 9789211541410

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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 : Claudia Martin
Publisher : Inter-American Development Bank
Page : 889 pages
File Size : 42,71 MB
Release : 2001-01-01
Category : Business & Economics
ISBN : 1931003149

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The International Dimension of Human Rights includes extracts of judgments, reports and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. This casebook has been divided into seven chapters that deal with the following topics: basic notions of international law; the relationship between international law and domestic law; the right to an effective remedy; the right to liberty and security of persons and the right not to be tortured; the right to a fair trial; economic, social and cultural rights; and other aspects of international protection of human rights, such as the rights of women, the rights of indigenous peoples and environmental rights. The casebook also includes the most relevant international treaties on human rights adopted by the Inter-American, universal and European systems.

Author : Theodore S. Orlin
Publisher : Abo Akademi University
Page : 344 pages
File Size : 28,85 MB
Release : 2000-05
Category : Law
ISBN :

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1. Introduction, Theodore S. Orlin and Martin Scheinin

Author : David M. Beatty
Publisher : BRILL
Page : 374 pages
File Size : 44,45 MB
Release : 2021-09-27
Category : Law
ISBN : 9004479406

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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.