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Current Problems in the Protection of Human Rights - Perspectives from Germany and the UK (Hardcover, New)
Loot Price: R3,373
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Current Problems in the Protection of Human Rights - Perspectives from Germany and the UK (Hardcover, New)
Series: Studies of the Oxford Institute of European and Comparative Law
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While the legal systems of the UK and Germany differ in essential
respects, the current process of 'constitutionalization' is well
recognized on both sides of the English Channel.
'Constitutionalization' manifests itself in the evolution of a
constitution and the influence of existing constitutional
principles on the ordinary law. Human rights law provides one of
the best examples of this process, and this book provides a
comparative UK-German perspective on recent developments. First,
the book addresses human rights questions which arise in both
jurisdictions in a similar way, such as the tension between liberty
and security, absolute rights, such as human dignity and the
prohibition of torture, and the question how conflicts between
human rights are to be resolved and conceptualized. A second theme
considers the impact of human rights on different areas of domestic
law, in particular administrative law, criminal law, labor law, and
private law generally. Finally, a third theme focuses on the
intersection of national, supra-national, and international human
rights law, in particular after the entry into force of the EU
Charter on Fundamental Rights. The book thus reveals convergent and
divergent answers to similar problems, examines differences in
impact of human rights on the legal systems under consideration,
and traces parallel and distinct debates over human rights, as well
as sensitivities that arise in multi-layer situations in the UK and
Germany. (Series: Studies of the Oxford Institute of European and
Comparative Law - Vol. 17)
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