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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Damages and Human Rights (Hardcover)
Loot Price: R5,589
Discovery Miles 55 890
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Damages and Human Rights (Hardcover)
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Winner of the 2018 Inner Temple New Authors Book Prize and the 2016
SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages
and Human Rights is a major work on awards of damages for
violations of human rights that will be of compelling interest to
practitioners, judges and academics alike. Damages for breaches of
human rights is emerging as an important and practically
significant field of law, yet the rules and principles governing
such awards and their theoretical foundations remain underexplored,
while courts continue to struggle to articulate a coherent law of
human rights damages. The book's focus is English law, but it draws
heavily on comparative material from a range of common law
jurisdictions, as well as the jurisprudence of international
courts. The current law on when damages can be obtained and how
they are assessed is set out in detail and analysed
comprehensively. The theoretical foundations of human rights
damages are examined with a view to enhancing our understanding of
the remedy and resolving the currently troubled state of human
rights damages jurisprudence. The book argues that in awarding
damages in human rights cases the courts should adopt a vindicatory
approach, modelled on those rules and principles applied in tort
cases when basic rights are violated. Other approaches are
considered in detail, including the current 'mirror' approach which
ties the domestic approach to damages to the European Court of
Human Rights' approach to monetary compensation; an
interest-balancing approach where the damages are dependent on a
judicial balancing of individual and public interests; and
approaches drawn from the law of state liability in EU law and
United States constitutional law. The analysis has important
implications for our understanding of fundamental issues including
the interrelationship between public law and private law, the
theoretical and conceptual foundations of human rights law and the
law of torts, the nature and functions of the damages remedy, the
connection between rights and remedies, the intersection of
domestic and international law, and the impact of damages liability
on public funds and public administration. The book was the winner
of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship
and the 2018 Inner Temple New Authors Book Prize.
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