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Monetary Remedies for Breach of Human Rights - A Comparative Study (Hardcover)
Loot Price: R3,215
Discovery Miles 32 150
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Monetary Remedies for Breach of Human Rights - A Comparative Study (Hardcover)
Series: Human Rights Law in Perspective
Expected to ship within 12 - 17 working days
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Total price: R3,235
Discovery Miles: 32 350
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This book constructs a framework which allows a greater
understanding of domestic causes of action for breaches of human
rights sounding in a monetary remedy. The first part describes the
cause of action in three jurisdictions: the United States of
America, India and New Zealand. The second part discusses two
insights resulting from a comparative analysis of these three
jurisdictions. The first is a list of four common questions that,
when answered, structure the cause of action. These questions
address what the cause of action protects, who the cause of action
protects, against whom the cause of action is directed, and what
the court orders. The second is a list of four overarching
influences that affected the answers given to those questions in
the three jurisdictions, so completing the structure of the causes
of action. These influences are the cause of action's source, age,
wider context and internal context. Putting these two chapters
together provides a generalised outline of the causes of action. In
the third part of the book the analysis is turned around. The
generalised framework is assessed as a way in which to categorise
the development and shape of the cause of action in England under
the Human Rights Act 1998. The book concludes that a generic
structure of the cause of action is common to the three
jurisdictions studied and that the differences between the
jurisdictions can be explained by influences that affect the causes
of action in different ways. Further, this generalised framework is
of relevance beyond the three jurisdictions from which it was
drawn; it can be used as a guide by other jurisdictions in which
such a cause of action either exists or will develop in the future.
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