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Remedies for Human Rights Violations - A Two-Track Approach to Supra-national and National Law (Hardcover)
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Remedies for Human Rights Violations - A Two-Track Approach to Supra-national and National Law (Hardcover)
Series: Cambridge Studies in Constitutional Law
Expected to ship within 12 - 17 working days
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An innovative book that provides fresh insights into the neglected
field of remedies in both international and domestic human rights
law. Providing an overarching two-track theory, it combines
remedies to compensate and prevent irreparable harm to litigants
with a more dialogic approach to systemic remedies. It breaks new
ground by demonstrating how proportionality principles can improve
remedial decision-making and avoid reliance on either strong
discretion or inflexible rules. It draws on the latest
jurisprudence from the European and Inter-American Courts of Human
Rights and domestic courts in Australia, Canada, India, New
Zealand, Hong Kong, South Africa, the United Kingdom and the United
States. Separate chapters are devoted to interim remedies, remedies
for laws that violate human rights, damages, remedies in the
criminal process, declarations and injunctions in institutional
cases, remedies for violations of social and economic rights and
remedies for violations of Indigenous rights.
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