• Sign In / Register
  • Help
  • Basket0
The books you love, the emails you want
Time is running out, opt in before 25 May or you'll stop hearing from us
Yes Please
Beyond Disagreement: Open Remedies in Human Rights Adjudication (Hardback)
  • Beyond Disagreement: Open Remedies in Human Rights Adjudication (Hardback)
zoom

Beyond Disagreement: Open Remedies in Human Rights Adjudication (Hardback)

(author)
£82.00
Hardback 256 Pages / Published: 25/10/2012
  • We can order this

Usually despatched within 1 week

  • This item has been added to your basket

Check Marketplace availability

Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.

Publisher: Oxford University Press
ISBN: 9780199669301
Number of pages: 256
Weight: 544 g
Dimensions: 241 x 162 x 22 mm

You may also be interested in...

I Let Him Go
Added to basket
£16.99   £12.99
Hardback
Life in the UK Test: Study Guide & CD ROM 2018
Added to basket
The Daily Telegraph Tax Guide 2018
Added to basket
The Secret Barrister
Added to basket
£16.99   £13.99
Hardback
The Ten Types of Human
Added to basket
£9.99   £7.99
Paperback
How to Change Your Mind
Added to basket
£20.00   £16.99
Hardback
The Rule of Law
Added to basket
£9.99
Paperback
In Your Defence
Added to basket
£16.99
Hardback
My Brother Jason
Added to basket
The Greatest
Added to basket
£9.99
Paperback

Reviews

Please sign in to write a review

Your review has been submitted successfully.