Reasoning Rights

NIPPOD
ISBN: 978-1-5099-0843-1
Verlag: Bloomsbury 3PL

Buch, Englisch, 392 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 741 g

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular?

The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

Autoren/Hrsg.

Lazarus, Liora

McCrudden, Christopher

Bowles, Nigel

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Part 1: INTRODUCTION
1. The Pluralism of Human Rights Adjudication

Christopher McCrudden

Part 2: PROPORTIONALITY
2. Constructing the Proportionality Test: An Emerging Global Conversation

Kai Möller
3. Necessity and Proportionality: Towards a Balanced Approach

David Bilchitz

4. Proportionality Without Balancing: Why Judicial Ad hoc Balancing is Unnecessary and Potentially Detrimental to the Realisation of Individual and Collective Self-determination

Jochen von Bernstorff

5. Proportionality in United States Constitutional Law Paul Yowell

Part 3: NATIONAL SECURITY AND HUMAN RIGHTS
6. 'To the Serious Detriment of the Public': Secret Evidence and Closed Material Procedures

Ryan Goss

7. National Security Law and the Creep of Secrecy: A Transatlantic Tale

Tom Hickman and AdamTomkins

8. Navigating the Shoals of Secrecy: A Comparative Analysis of the Use of Secret Evidence and 'Cleared Counsel' in the United States, the United Kingdom, and Canada

David Cole and Stephen I Vladeck

9. The Secret Keepers: Judges, Security Detentions, and Secret Evidence Shiri Krebs

Part 4: RELIGION AND HUMAN RIGHTS
10. The Intersection of Religious Autonomy and Religious Symbols: Setting the Stage

Christopher McCrudden and Brett G Scharffs

11. Principles and Compromises: Religious Freedom in a Time of Transition

Carolyn Evans

12. State Interference in the Internal Affairs of Religious Institutions

Johan D Van der Vyver

13. The Protection of Religious Freedom in Australia: A Comparative Assessment of Autonomy and Symbols Paul Babie and James Krumrey-Quinn

Part 5: SOCIO-ECONOMIC RIGHTS
14. The Emergence and Enforcement of Socio-Economic Rights

Murray Wesson

15. The Problematic of Social Rights - Uniformity and Diversity in the Development of Social Rights Review

Colm O'Cinneide

16. A South African Perspective on the Judicial Development of Socio-Economic Rights 319

Edwin Cameron

17. Judicial Activism and the Indian Supreme Court: Lessons for Economic and Social Rights Adjudication

Anashri Pillay

18. American Exceptionalism over Social Rights

Jeff King

Über Autor(innen)

Bowles, Nigel
Nigel Bowles is Director of the Rothermere American Institute, and Professorial Fellow, at Corpus Christi College, University of Oxford, UK.

Lazarus, Liora
Liora Lazarus is an Associate Professor in Law at the University of Oxford, Member of the Centre for Criminological Research and a Fellow of St Anne's College.

Photo by Kim Stern

McCrudden, Christopher
Christopher McCrudden FBA is Professor of Equality and Human Rights Law, Queen's University Belfast; William W Cook Global Professor of Law at University of Michigan Law School; and a member of Blackstone Chambers.

Liora Lazarus is a Fellow in Law and University Lecturer in Law at St Anne's College, University of Oxford. Christopher McCrudden FBA is Professor of Equality and Human Rights Law, Queen's University Belfast; William W Cook Global Professor of Law at University of Michigan Law School; and a member of Blackstone Chambers.
Nigel Bowles is Director of the Rothermere American Institute at the University of Oxford.