Human Rights In The Uk And The Influence Of Foreign Jurisprudence PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Human Rights In The Uk And The Influence Of Foreign Jurisprudence PDF full book. Access full book title Human Rights In The Uk And The Influence Of Foreign Jurisprudence.

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

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 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"--


British Influences on International Law, 1915-2015

British Influences on International Law, 1915-2015
Author: Robert McCorquodale
Publisher: BRILL
Total Pages: 542
Release: 2016-06-27
Genre: Law
ISBN: 9004284176

Download British Influences on International Law, 1915-2015 Book in PDF, ePub and Kindle

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 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

Download The UK and European Human Rights Book in PDF, ePub and Kindle

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.


International Human Rights Monitoring Mechanisms

International Human Rights Monitoring Mechanisms
Author: Brice Dickson
Publisher: Edward Elgar Publishing
Total Pages: 365
Release: 2022-12-08
Genre: Law
ISBN: 1803920513

Download International Human Rights Monitoring Mechanisms Book in PDF, ePub and Kindle

Brice Dickson examines the engagement of the United Kingdom with international human rights monitoring mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK.


The Influence of Human Rights on International Law

The Influence of Human Rights on International Law
Author: Norman Weiß
Publisher: Springer
Total Pages: 0
Release: 2016-10-06
Genre: Law
ISBN: 9783319377421

Download The Influence of Human Rights on International Law Book in PDF, ePub and Kindle

This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.


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

Download Human Rights Law in Europe Book in PDF, ePub and Kindle

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
Total Pages: 280
Release: 2007-09-13
Genre: Political Science
ISBN: 1139467913

Download Political Constitutionalism Book in PDF, ePub and Kindle

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.