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Author: Malcolm Langford
Publisher: Cambridge University Press
Published: 2017-03-02
Total Pages: 547
ISBN-13: 1107160219
DOWNLOAD EBOOKThis is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.
Author: Malcolm Langford
Publisher: Cambridge University Press
Published: 2017-03-02
Total Pages: 0
ISBN-13: 9781107160217
DOWNLOAD EBOOKThe past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
Author: Courtney Hillebrecht
Publisher: Cambridge University Press
Published: 2014-02-10
Total Pages: 207
ISBN-13: 1107040221
DOWNLOAD EBOOKInternational politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Author: Malcolm Langford
Publisher: Cambridge University Press
Published: 2008
Total Pages: 705
ISBN-13: 0521860946
DOWNLOAD EBOOKThe book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
Author: Jeff King
Publisher: Cambridge University Press
Published: 2012-05-10
Total Pages: 399
ISBN-13: 1107008026
DOWNLOAD EBOOKJeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Author: Katharine G. Young
Publisher: Cambridge University Press
Published: 2019-04-11
Total Pages: 711
ISBN-13: 1108418139
DOWNLOAD EBOOKCaptures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author: Basak Cali
Publisher:
Published: 2011
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKThe enforcement of economic, social and cultural (ESC) rights judgments is often considered to present challenges that are very different from those encountered in the realm of civil and political (CP) rights. It is often assumed that there is something particular about the implementation of ESC rights that is worth investigating. Notwithstanding the well-founded claims underlying this assumption, this paper takes a step back and asks what lessons from the implementation of CP rights judgments might be generalized and fruitfully applied to the broader field of human rights implementation, including the realm of ESC rights. Its key contribution to the discussion is achieved through a shift of focus: rather than concentrating on the type of right to be implemented and presuming that the content of the right in question will determine the success or failure of its implementation, this paper looks at the process of rights implementation as such- taking into consideration institutional design criteria of different compliance regimes as well as domestic judicial and political contexts. It proposes an interactional account of compliance in which the speed and comprehensiveness of rights implementation is crucially bound up with the relationship between (supranational) human rights bodies and (national) decision makers.
Author: Aderomola Adeola
Publisher: Oxford University Press
Published: 2022-02-03
Total Pages: 273
ISBN-13: 0192856995
DOWNLOAD EBOOKThis collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Author: César Rodríguez-Garavito
Publisher: Cambridge University Press
Published: 2015-10-22
Total Pages: 235
ISBN-13: 1107078881
DOWNLOAD EBOOKUsing a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
