Judging International Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Human Rights write by Stefan Kadelbach. This book was released on 2019-04-15. Judging International Human Rights available in PDF, EPUB and Kindle. 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.
Judges as Guardians of Constitutionalism and Human Rights
Judges as Guardians of Constitutionalism and Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judges as Guardians of Constitutionalism and Human Rights write by Martin Scheinin. This book was released on 2016-04-29. Judges as Guardians of Constitutionalism and Human Rights available in PDF, EPUB and Kindle. There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Resolving Conflicts between Human Rights
Resolving Conflicts between Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Resolving Conflicts between Human Rights write by Stijn Smet. This book was released on 2016-11-10. Resolving Conflicts between Human Rights available in PDF, EPUB and Kindle. Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
Judging International Judgments Anew?
Judging International Judgments Anew? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Judgments Anew? write by Raffaela Kunz. This book was released on 2019. Judging International Judgments Anew? available in PDF, EPUB and Kindle. In recent times, instances of contestation of the ECtHR and the IACtHR make headlines, and in many of these cases domestic courts play a role by refusing to follow the human rights courts or even declaring their judgments to be unconstitutional. This paper undertakes an in-depth analysis of these instances of judicial resistance and puts them into context. This shows that domestic courts, even though originally not having been allocated this role, have become important 'compliance partners' of the human rights courts and now play an important and autonomous role in the implementation of their judgments. At the same time, they act as 'gatekeepers' and limit their effects in the domestic order. Recent cases even suggest a turn to a less open and more national self-perception of domestic courts. While this to some extent reflects the multiple - and sometimes conflicting - roles domestic courts perform at the intersection of legal orders, the paper argues that the open and flexible stance many domestic courts take when faced with international judgments is better suited to cope with the complex and plural legal reality than systematically judging anew on matters already decided by the human rights courts.
International Human Rights
International Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Human Rights write by Naorem Sanajaoba. This book was released on 2005-11-15. International Human Rights available in PDF, EPUB and Kindle. Presents the first, second, and third generations of human rights and select humanitarian law instruments. This book is useful to decision makers in the wings of the government, law enforcement officials, law professors, and research scholars.
