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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:
Total Pages:
Release: 2018
Genre: LAW
ISBN: 9781509904976

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"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 nonuse of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research methods, 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 with 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"--


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
Total Pages: 240
Release: 2018-09-20
Genre: Law
ISBN: 1509904964

Download Human Rights in the UK and the Influence of Foreign Jurisprudence Book in PDF, ePub and Kindle

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.


The UK and European Human Rights

The UK and European Human Rights
Author: Katja S Ziegler
Publisher: Bloomsbury Publishing
Total Pages: 815
Release: 2015-10-22
Genre: Law
ISBN: 1509902007

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The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.


British Influences on International Law, 1915-2015

British Influences on International Law, 1915-2015
Author: Robert McCorquodale
Publisher: BRILL
Total Pages: 542
Release: 2016-07-14
Genre: Law
ISBN: 9004284176

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This is a contemporary analysis of the influence of the United Kingdom on the creation, development and enforcement of international law globally over the past century.


British Contributions to International Law, 1915-2015 (Set)

British Contributions to International Law, 1915-2015 (Set)
Author: Jill Barrett
Publisher: BRILL
Total Pages: 3728
Release: 2020-12-15
Genre: Law
ISBN: 9004386246

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Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.


Human Rights Law in Europe

Human Rights Law in Europe
Author: Kanstantsin Dzehtsiarou
Publisher: Routledge
Total Pages: 249
Release: 2014-03-21
Genre: Law
ISBN: 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.


Human Rights Litigation Against Multinationals in Practice

Human Rights Litigation Against Multinationals in Practice
Author: Richard Meeran
Publisher: Oxford University Press
Total Pages: 385
Release: 2021
Genre: Law
ISBN: 0198866224

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This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.


Mobilizing for Human Rights

Mobilizing for Human Rights
Author: Beth A. Simmons
Publisher: Cambridge University Press
Total Pages: 473
Release: 2009-10-29
Genre: Law
ISBN: 0521885108

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Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.