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Confronting the Human Rights Act 1998
This book critically examines the Human Rights Act 1998 (HRA) and evaluates its impact from a multi-disciplinary perspective. The book includes both a domestic and international analysis of the effectiveness of the HRA, and also considers possible future developments in policy and practise as well as contemplating the potential for a British Bill of Rights. The editors have collected pieces from contributors drawn from diverse spheres, all of whom are internationally recognised for their impact in the field of human rights law. Contributors include members of the bench in the United Kingdom and Australia, academics, researchers, members of NGOs, and campaigners as well as people’s testimon...
International Law of Human Rights
The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.
Cultural Legal Studies of Science Fiction
This book presents and engages the world-building capacity of legal theory through cultural legal studies of science and speculative fictions. In these studies, the contributors take seriously the legal world building of science and speculative fiction to reveal, animate and critique legal wisdom: juris-prudence. Following a common approach in cultural legal studies, the contributors engage directly, and in detail, with specific cultural ‘texts’, novels, television, films and video games in order to explore a range of possible legal futures. The book is organized in three parts: first, the contextualisation of science and speculative fiction as jurisprudence; second, the temporality of law and legal theory and third, the analysis of specific science and speculative fictions. Throughout, the contributors reveal the way in which law as nomos builds normative universes through the narration of a future. This book will appeal to scholars and students with interests in legal theory, cultural legal studies, law and the humanities and law and literature.
A Magna Carta for all Humanity
The Magna Carta, sealed in 1215, has come to stand for the rule of law, curbs on executive power and the freedom to enjoy basic liberties. When the Universal Declaration of Human Rights was adopted by the United Nations in 1948, it was heralded as 'a Magna Carta for all human kind'. Yet in the year in which this medieval Charter’s 800th anniversary is widely celebrated, the future of the UK’s commitment to international human rights standards is in doubt. Are ‘universal values’ commendable as a benchmark by which to judge the rest of the world, but unacceptable when applied ‘at home’? Francesca Klug takes us on a journey through time, exploring such topics as ‘British values,’ ‘natural rights,’ ‘enlightenment values’ and ‘legal rights,’ to convey what is both distinctive and challenging about the ethic and practice of universal human rights. It is only through this prism, she argues, that the current debate on human rights protection in the UK can be understood. This book will be of interest to students of British Politics, Law, Human Rights and International Relations.
Legal Validity and Soft Law
This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their valid...
Electoral Rights in Europe
From the perspective of a number of different social science disciplines, this book explores the ways in which the election of politicians can be made more fair and credible by adopting a human rights approach to elections. It discusses existing international standards for the conduct of elections and presents case studies relating to jurisdictions within Europe, especially those emerging from conflict or from an authoritarian past, which demonstrate how problems occur and can be addressed. Significant advances have been achieved through the Council of Europe’s soft and hard law frameworks but the book demonstrates that much more needs to be done to ensure that these and other standards ar...
Cinematic perspectives on international law
The proposed volume consists of an edited collection within the new Melland Schill Guidebooks on International Law (MSGIL) series. In line with the MSGIL objective of inclusiveness, originality, perspectivism and critical thought, the book is the first of an intended series pertaining to perspectives related to the ways in which the arts influence the perception and attitude of the public towards international law, and the manner this affects the discipline, both in terms of its own development and in terms of its social legitimacy. The book contrasts the narratives of international law depicted in cinema and TV productions with the corresponding narratives advanced by legal scholars. It identifies a cognitive dissonance between them and ascertains its implications on general perceptions of international law.
Critically Examining the Case Against the 1998 Human Rights Act
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues...
Parliaments and the European Court of Human Rights
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securin...
The Making of Constitutional Democracy
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of politica...
