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This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Though it has been home for centuries to indigenous peoples who have mastered its conditions, the Arctic has historically proven to be a difficult region for governments to administer. Extreme temperatures, vast distances, and widely dispersed patterns of settlement have made it impossible for bureaucracies based in far-off capitals to erect and maintain the kind of infrastructure and institutions that they have built elsewhere. As climate change transforms the polar regions, this book seeks to explore how the challenges of governance are developing and being met in Alaska, the Canadian Far North, and Greenland, while also drawing upon lessons from the region's past. Though the experience of each of these jurisdictions is unique, their place within democratic, federal systems and the prominence within each of them of issues relating to the rights of indigenous peoples situates them as part of an identifiably 'North American Arctic.' Today, as this volume shows, their institutions are evolving to address contemporary issues of security, environmental protection, indigenous rights, and economic development.
Increasingly governments around the world are experimenting with initiatives in transparency or 'open government'. These involve a variety of measures including the announcement of more user-friendly government websites, greater access to government data, the extension of freedom of information legislation and broader attempts to involve the public in government decision making. However, the role of the media in these initiatives has not hitherto been examined. This volume analyses the challenges and opportunities presented to journalists as they attempt to hold governments accountable in an era of professed transparency. In examining how transparency and open government initiatives have affected the accountability role of the press in the US and the UK, it also explores how policies in these two countries could change in the future to help journalists hold governments more accountable. This volume will be essential reading for all practising journalists, for students of journalism or politics, and for policymakers.
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
This extensively revised new edition offers a broad-ranging, systematic and sophisticated introduction contemplating the institutions and processes of government in the US set in a clear historical context.
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