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  • Hart Publishing, Oxford - Good books for lawyers
    the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998 and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950 Thus the substantive focus of the book is on developments in the constitutional law of the United Kingdom However the book also addresses key issues of theoretical human rights international and comparative constitutional law Issues of justiciability in English administrative law have therefore been explored against a background of two factors a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio economic rights on the other hand and controversy as to whether courts could make a more effective contribution to the protection of socio economic rights with the assistance of appropriately

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139760 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    end the book considers how the judiciary parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts application of the Act in different legal spheres This account cuts through the rhetoric and controversy surrounding the Act generated by its champions and detractors alike to reach a measured assessment The true impact in public law civil law criminal law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133539 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    rights goals requires careful analysis and empirical research The present volume offers a great deal of material for both It makes a strong case in favour of a multidisciplinary approach to human rights and explores the origins and social anthropological and legal political dimensions of human rights and internationally recognised group rights It explores legal issues such as the reservations to international treaties and methodological questions including the question of deliberative processes which allow seemingly absolute requirements of human rights to be reconciled with culturally sensitive norms prevailing within various groups The discussion continues by looking at specific contexts including the situations of women school communities ethnic and linguistic minorities migrant communities and impoverished groups The final part of the volume examines the state of play of human rights and group rights in international law in international relations and in the context of internationally sponsored development policies Here the authors offer a meticulous and critical presentation of the legal regulation of human rights and group rights and point to numerous weaknesses which continue to exist and which call for additional work by legal thinkers and practitioners Koen De Feyter is professor of international law at the law faculty of the University of Antwerp He is the author of World development law Antwerp Intersentia 2001 and Human rights Social justice in the age of the market London Zed Books 2005 He previously held positions at the European Inter University Centre for Human Rights and Democratisation Venice at the Human Rights Centre of the University of Maastricht and at the Institute for Development Policy and Management Antwerp George Pavlakos is Research Chair in Globalisation and Legal Theory at the University of Antwerp He has published widely in the areas of legal theory and philosophy his other books include Jurisprudence or Legal Science

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138299 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    has confirmed this importance The ICTY the ICTR the ICC hybrid tribunals in Sierra Leone and East Timor and local processes such as the Iraqi Higher Tribunal IHT have energised international law and international criminal justice scholarship The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past At the national level international donors contribute huge sums of money to Rule of Law programmes designed to transform national justice systems This collection seeks to offer something quite different to the mainstream of scholarship in this area emphasising the need for bespoke solutions to different transitions rather than off the shelf models The collection is designed to offer a space for diversity prompted by a series of perspectives from below of societies beset by past violent conflict which have sought to effect their transition to justice In doing so the contributors have also sought to enrich discussion about the role of human rights

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138213 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Murray National Human Rights Institutions NHRIs defined by the UN as bodies established to promote and protect human rights have increased in number since the General Assembly adopted principles governing their effectiveness in 1993 The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights and now over 20 such institutions exist in Africa and many more will follow These institutions have taken various forms including ombudsmen commissions or a combination of the two They differ in terms of how they are established some by constitution some by legislation and some by decree These NHRIs have varying functions usually both promotional and protective such as giving advice to government parliament and others making recommendations on compliance with human rights standards awareness raising and analysis of law and policy Despite the considerable variations in the method of their creation powers and composition most of these institutions have chosen or indeed been mandated to become involved in international and regional fora This book examines these institutions in the African region the way in which they use the international and regional fora the effectiveness of their contributions and how they are able to

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133942 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    questions address what the cause of action protects who the cause of action protects against whom the cause of action is directed and what the court orders The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions so completing the structure of the causes of action These influences are the cause of action s source age wider context and internal context Putting these two chapters together provides a generalised outline of the causes of action In the third part of the book the analysis is turned around The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998 The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways Further this generalised framework is of relevance beyond the three jurisdictions from which it was drawn it can be used as a guide by other jurisdictions in which such a cause of action

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135113 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    has increasingly defined itself in opposition to universalism and to discourses of human rights Rejecting the troubled legacies of Enlightenment thinking feminists have questioned the very premises upon which the international human rights movement is based Rather than abandoning human rights discourse however this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights Discourse ethics and its post metaphysical defence of universalism is offered as a key to this process of reconstruction The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women s human rights arising in Ireland India and Pakistan Each of these states shares a common constitutional heritage and in each religious cultural claims intertwined with processes of nation building have constrained the pursuit of gender equality Ultimately this book argues in favour of a dual track approach to cultural conflicts combining legal regulation with an ongoing moral political dialogue on the scope and content of human rights Siobh n Mullally is a Senior Lecturer at the Faculty of Law University College Cork where she teaches international human

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135137 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    significant effect on property law Article 1 of the First Protocol to the Convention is particularly important as it protects against the interference with the enjoyment of possessions Compulsory acquisition insolvency planning taxation environmental regulation and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property The Human Rights Act 1998 also restricts the scope of property rights as some Convention rights conflict with rights of private property For example the Article 8 right to respect for the home has been used to protect against environmental harm in some cases at the expense of property and economic rights This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues and to provide guidance on the direction the law is likely to take in future Chapters cover the history and drafting of the relevant Convention rights the scope and structure of the rights especially Article 1 of the First Protocol and how through the Human Rights Act 1998 the Convention rights have already affected and are

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132037 (2016-02-13)
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