The Resource Beyond disagreement : open remedies in human rights adjudication, Aruna Sathanapally

Beyond disagreement : open remedies in human rights adjudication, Aruna Sathanapally

Label
Beyond disagreement : open remedies in human rights adjudication
Title
Beyond disagreement
Title remainder
open remedies in human rights adjudication
Statement of responsibility
Aruna Sathanapally
Creator
Subject
Language
eng
Summary
"Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. The book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well how the UK executive and Parliament have responded to its use."--Publisher's website
Cataloging source
UKMGB
http://library.link/vocab/creatorDate
1981-
http://library.link/vocab/creatorName
Sathanapally, Aruna
Index
no index present
LC call number
K3240
LC item number
.S268 2012
Literary form
non fiction
http://library.link/vocab/subjectName
  • Human rights
  • Administrative procedure
  • Administrative procedure
  • Human rights
  • HUMAN RIGHTS
  • HUMAN RIGHTS VIOLATIONS
  • ADMINISTRATIVE PROCEDURE
  • COMPARATIVE LAW
  • UNITED KINGDOM
Label
Beyond disagreement : open remedies in human rights adjudication, Aruna Sathanapally
Instantiates
Publication
Note
"The research upon which this book is based was substantially completed as part of my doctorate in law at the University of Oxford"--P. [v]
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Open remedies in human rights adjudication -- The role of the legislature -- From dialogue to engagement -- The criteria for a declaration of incompatibility -- Judicial restraint and activism considered -- The pattern of institutional dialogue -- Remedial deliberation in the legislature -- Belmarsh Prisoners and dialogue over control orders
Dimensions
24 cm
Edition
1st ed.
Extent
xii, 241 pages
Isbn
9780199669301
Isbn Type
(hbk.)
Lccn
2012946986
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
  • (OCoLC)801590116
  • (OCoLC)ocn801590116
Label
Beyond disagreement : open remedies in human rights adjudication, Aruna Sathanapally
Publication
Note
"The research upon which this book is based was substantially completed as part of my doctorate in law at the University of Oxford"--P. [v]
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Open remedies in human rights adjudication -- The role of the legislature -- From dialogue to engagement -- The criteria for a declaration of incompatibility -- Judicial restraint and activism considered -- The pattern of institutional dialogue -- Remedial deliberation in the legislature -- Belmarsh Prisoners and dialogue over control orders
Dimensions
24 cm
Edition
1st ed.
Extent
xii, 241 pages
Isbn
9780199669301
Isbn Type
(hbk.)
Lccn
2012946986
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
  • (OCoLC)801590116
  • (OCoLC)ocn801590116

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