Human Rights in the UK and the Influence of Foreign Jurisprudence
Human Rights in the UK and the Influence of Foreign Jurisprudence

Author: Hélène Tyrrell

Publisher: Bloomsbury Publishing

Published: 2018-09-20

Total Pages: 261

ISBN-13: 1509904964

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Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

British Influences on International Law, 1915-2015
British Influences on International Law, 1915-2015

Author: Robert McCorquodale

Publisher: BRILL

Published: 2016-06-27

Total Pages: 542

ISBN-13: 9004284176

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This book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes. The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century. The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law. Please also see the following related titles: - The Role of Legal Advisers in International Law - British Contributions to International Law, 1915-2015

Human Rights Law in Europe
Human Rights Law in Europe

Author: Kanstantsin Dzehtsiarou

Publisher: Routledge

Published: 2014-03-21

Total Pages: 249

ISBN-13: 1135971862

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This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Political Constitutionalism
Political Constitutionalism

Author: Richard Bellamy

Publisher: Cambridge University Press

Published: 2007-09-13

Total Pages: 280

ISBN-13: 1139467913

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Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

The Slave Trade and the Origins of International Human Rights Law
The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

Published: 2012-01-04

Total Pages: 264

ISBN-13: 0195391624

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There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

On Fantasy Island
On Fantasy Island

Author: C. A. Gearty

Publisher: Oxford University Press

Published: 2016

Total Pages: 257

ISBN-13: 0198787634

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The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.

Human Rights Futures
Human Rights Futures

Author: Stephen Hopgood

Publisher: Cambridge University Press

Published: 2017-08-31

Total Pages: 355

ISBN-13: 1107193354

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With authoritarian states and global culture wars threatening human rights, this volume weighs hopes the for effective human rights advocacy.

Strategic Human Rights Litigation
Strategic Human Rights Litigation

Author: Helen Duffy

Publisher: Bloomsbury Publishing

Published: 2018-09-06

Total Pages: 329

ISBN-13: 1509921990

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Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.