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Judges, Transition, and Human Rights

Overview

This book brings together many of the most prominent contemporary national and international human rights and transitional justice scholars in one collection. The book focuses in particular on the intersection between judges, transitional processes, and human rights discourses. It brings together doctrinal, socio-legal, and criminological perspectives on a range of topics including the judicial construction of national and supra-national constitutions, the role of human rights discourses in transition from ...
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Overview

This book brings together many of the most prominent contemporary national and international human rights and transitional justice scholars in one collection. The book focuses in particular on the intersection between judges, transitional processes, and human rights discourses. It brings together doctrinal, socio-legal, and criminological perspectives on a range of topics including the judicial construction of national and supra-national constitutions, the role of human rights discourses in transition from conflict, and in a range of sites in more 'settled' societies. The book draws upon comparative experiences in South Africa, Canada, the USA, Britain, Ireland, the Balkans, the Weimar Republic, and elsewhere. It also situates that analysis within supra-national and indeed subnational frameworks.
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Product Details

  • ISBN-13: 9780199204946
  • Publisher: Oxford University Press, USA
  • Publication date: 4/27/2007
  • Pages: 450
  • Product dimensions: 9.10 (w) x 6.10 (h) x 1.30 (d)

Table of Contents


List of Contributors     xiii
Tables of Cases     xv
Tables of Legislation     xxv
Table of Treaties and Conventions     xxxi
Judges, Transition, and Human Rights: Essays in Memory of Stephen Livingstone   John Morison   Kieran McEvoy   Gordon Anthony     1
Judges
Separation of Powers in a Global Context   Martin S. Flaherty     9
The European Court of Human Rights as a 'Constitutional Court': Definitional Debates and the Dynamics of Reform   Robert Harmsen     33
The Scope of the Right to a Fair Trial Guarantee in Non-Criminal Cases in the Eutopean Convention on Human Rights   David Harris     55
Deference Owed Under the Separation of Powers   Tom Zwart     73
Judicial Policy in a Transforming Constitution   Hugh Corder     91
Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland?   John Morison   Marie Lynch     105
Transition
The Battle for Transitional Justice: Hegemony, Iraq, and International Law   Christine Bell   Colm Campbell   Fionnuala Ni Aolain     147
Human Rights and Conflict Resolution   Tom Hadden     167
Habits of Mind and 'Truth-Telling': Article 2 ECHR inPost-Conflict Northern Ireland   Gordon Anthony   Paul Mageean     181
The Impact of the Human Rights Act in Northern Ireland   Brice Dickson     201
Dangerous Constitutional Moments: The 'Tactic of Legality' in Nazi Germany and the Irish Free State Compared   Gerard Quinn     223
Ireland, the European Convention on Human Rights, and the Personal Contribution of Sean MacBride   William Schabas     251
Mobilizing the Professions: Lawyers, Politics, and the Collective Legal Conscience   Kieran McEvoy   Rachel Rebouche     275
Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities   Christopher McCrudden     315
Human Rights
The Relationship Between Parliaments and National Human Rights Institutions   Rachel Murray     357
A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror   Maggie Beirne   Angela Hegarty     377
Linking Human Rights and Other Goals   Kevin Boyle     401
Corporations, Human Rights, and Social Inequality   Sally Wheeler     423
Constitutionalism, Deliberative Democracy, and Human Rights   David Feldman     443
Reshaping Constitutionalism   Murray Hunt     467
Human Rights and Women's Rights: The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship   Elizabeth Meehan     479
'In the Small Places': Education and Human Rights Culture in Conflict-Affected Societies   Lesley McEvoy   Laura Lundy     495
Protecting the Marginalized?   Colin Harvey     515
Risk and Human Rights: Ending Slopping Out in a Scottish Prison   Therese Murphy   Noel Whitty     535
Index     559
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