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Beyond Disagreement

Author: Aruna Sathanapally
Publisher: Oxford University Press
ISBN: 0199669309
Size: 64.89 MB
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Providing the first empirical analysis of declarations of incompatibility under the UK Human Rights Act and their aftermath in the legislative process, this book details these 'open remedies' and draws comparisons with similar human rights mechanisms in the US, Canada, South Africa, and Australia.

Bills Of Rights In The Common Law

Author: Robert Leckey
Publisher: Cambridge University Press
ISBN: 1316298728
Size: 59.53 MB
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Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

Principles Of International Development Law

Author: Milan Bulajić
Publisher: Martinus Nijhoff
Size: 41.25 MB
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The most important addition in the second revised edition of Principles of International Development Law is the Seoul Declaration on the Progressive Development of Principles of Public International Law relating to a New International Economic Order & the author's comments on the United Nations Declaration on the Right to Development. Furthermore, the Appendix has been updated.