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Justiciability of Human Rights Law in Domestic Jurisdictions (Hardcover, 1st ed. 2016)
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Justiciability of Human Rights Law in Domestic Jurisdictions (Hardcover, 1st ed. 2016)
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This collection of 16 essays by 19 contributors calls into question
the notion of domestic justiciability across a wide range of human
rights issues, such as health, human dignity, criminal justice,
property and transitional democracy. The authors offer critical
analyses of a number of rights frameworks, focusing in considerable
detail upon specific countries (e.g. Libya, Colombia, Ireland, the
United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe,
Kenya, India) and regions (e.g. Europe, Africa) to highlight the
various challenges which continue to vex human rights advocates and
scholars. In doing so they pinpoint some of the major tensions that
still exist within developing and developed jurisdictions, via a
myriad range of perspectives. The essays collectively present a
diverse assortment of themes unified by a single 'golden thread' -
that of the domestic interpretations given to human rights
protections. They raise questions as to how such rights might be
made substantive at the level of domestic implementation, and query
the extent to which these rights can, or even should, be enforced
by the courts. The potential strains in the relationship between
human rights and the rule of law, is further called into question
by another central theme: that of human dignity. A fundamental
dilemma arises in respect of the extent to which a 'right' to
dignity can best be promoted, protected or monitored by domestic
decision-makers. Similar issues are apparent within the context of
the protection of those human rights which increasingly tend to
engage social, political or economic considerations and interests.
Whilst these arguments are often framed principally in terms of
'rights,' the collective message that emerges from this book is
that such rights may often be, in fact, essentially
non-justiciable. Readers of this text will perhaps feel compelled
to reflect carefully and fully upon what it tells us about human
rights law generally, and the extent to which such rights may be
truly amenable to adjudication by the courts.
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