Human Rights Controversies
eBook - ePub

Human Rights Controversies

The Impact of Legal Form

  1. 320 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Human Rights Controversies

The Impact of Legal Form

About this book

Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of rights?

Comparative socio-legal examination of three recent controversies - double jeopardy reform, recognition of same-sex relationships and the operation of hate speech laws - in four countries - Australia, Canada, New Zealand and the United Kingdom provides answers to these questions.

Examination of these controversies suggests that differences in the design of domestic legal institutions and procedures for the injection of human rights values into legal decision-making processes can have a powerful effect on the manner in which human rights issues are constructed, handled and resolved.

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Yes, you can access Human Rights Controversies by Luke McNamara in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Routledge-Cavendish
Year
2007
Print ISBN
9781904385325
eBook ISBN
9781135310110
Edition
1
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Cover Page
  2. Title Page
  3. Copyright Page
  4. Acknowledgments
  5. Table of Cases
  6. Table of Statutes
  7. Chapter 1: Introduction: Universal Human Rights in a World of Localities
  8. Chapter 2: Rolling Back an Established Human Right: ‘Reforming’ the Rule Against Double Jeopardy
  9. Chapter 3: Pushing the Boundaries of Human Rights Protection: Equality and the Recognition of Same-Sex Relationships
  10. Chapter 4: Balancing ‘Competing’ Human Rights: Drawing the Free Speech/Hate Speech Line
  11. Chapter 5: Conclusion: Does Legal Form Matter?
  12. Bibliography