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justiciability of human rights law in domestic jurisdiction

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ناشر:
spring
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شابک: ۹۷۸۳۳۱۹۲۴۰۱۴۵

سال چاپ:۲۰۱۶

کد کتاب:112
۴۴۶ صفحه - وزيري (شوميز) - چاپ ۲
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The timing of this book with its eclectic and impressive range of essays could not have been published at a better or more opportune moment. Human rights, in all their guises, are often the subject of high-level and vociferous debate in both national and international circles. It seems that not a day passes without some call to either abolish or modify human rights legislation or perhaps even to introduce new laws on humanitarian grounds. In compiling this edited volume, Alice Diver and Jacinta Miller have undoubtedly filled a real gap within the current literature. This book presents a wide range of topics across an extensive geographical spread. In so doing, it considers some of the major tensions that exist in developing and developed jurisdictions, from a myriad range of perspectives. The essays present a diverse collection of themes all unified by a single golden thread—that of the interpretation given to human rights protection, and if indeed such rights are to be given true substance, the extent to which these can, or even should, be enforced by the courts. The potential tensions in the relationship between human rights and the rule of law are also called into question by another central and unifying theme: that of human dignity. A fundamental question concerns the extent to which the right to dignity can be promoted and protected by law. Similar issues are apparent in the context of protection of other human rights that engage social, political or economic considerations. While these arguments are framed principally in terms of ‘rights’, the message that emerges ultimately is that such rights may, in fact, be non-justiciable.