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Contrasting Prisoners' Rights - A Comparative Examination of England and Germany (Hardcover)
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Contrasting Prisoners' Rights - A Comparative Examination of England and Germany (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 10 - 15 working days
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This volume aims to provoke reflection on the English conception
and treatment of prisoners' rights, through juxtaposition with the
conception of prisoners' rights in Germany. First, the German and
English understandings of prisoners' legal status are examined;
secondly these understandings are placed against the background of
broader social, political, and legal factors; and thirdly, the
methodological problems of comparative law are addressed. English
and German approaches to prisoners' rights present illuminating
contrasts. In England, despite significant judicial activity in the
development of a jurisprudence of prisoners' rights, protection of
prisoners' rights remains partial and equivocal. Many aspects of
prison life are left within the realm of executive discretion. This
equivocal commitment to rights in England is juxtaposed with
Germany's highly articulated rights culture and its ambitious
system of prisoners' rights protection under the Prison Act 1976.
The German Prison Act sets out foundational principles of prison
administration, affords prisoners positive rights, defines the
limitations of prisoners' constitutional rights, and provides
prisoners with recourse to a Prison Court. Moreover, these rights
and principles have been developed and refined in a substantial
body of prison law jurisprudence over the last thirty years.
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