International law: courts and procedures Books, bestsellers and new releases

Book SynopsisIn fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.Table of Contents1. Shaping rights: the role of the European Court of Human Rights in defining fundamental rights Janneke Gerards and Eva Brems; Part I. Conceptual, Structural and Constitutional Issues Relating to the Scope of Rights: 2. Between the will of the contracting parties and the needs of today: extending the scope of Convention rights and freedoms beyond what could have been foreseen by the drafters of the ECHR Alastair Mowbray; 3. The scope and balancing of rights: diagnostic or constitutive? George Letsas; 4. Interpreting the protection guaranteed by two-stage rights in the European Convention on Human Rights: the case for wide interpretation Gerhard van der Schyff; 5. The scope of ECHR rights and institutional concerns: the relationship between proliferation of rights and the caseload of the ECtHR Janneke Gerards; Part II. Scope and More: Developments in the Case-Law of the ECtHR: 6. Defining the scope of economic and social guarantees in the case-law of the ECtHR Ingrid Leijten; 7. Procedural protection: an examination of procedural safeguards read into substantive Convention rights Eva Brems; 8. The scope of rights and the scope of obligations: positive obligations Laurens Lavrysen; 9. Contested contours: the limits of freedom of expression from an abuse of rights perspective: Articles 10 and 17 ECHR Antoine Buyse; Part III. 360° Comparison: 10. Bottom-up shaping of rights: how the scope of human rights at the national level impacts upon Convention rights Eirik Bjorge; 11. Old and new human rights in Europe: the scope of EU rights versus that of ECHR rights Xavier Groussot and Eduardo Gill-Pedro; 12. European human rights as universal rights: in defence of a holistic understanding of human rights Martin Scheinin; Part IV. A Closer Look at Specific Rights: 13. The 'absolute' prohibition of torture and inhuman or degrading treatment in Article 3 ECHR: truly a question of scope only? Stijn Smet; 14. The right to a fair trial and its multiple manifestations: Article 6 § 1 ECHR Paul Lemmens; 15. How the right to respect for private and family life, home and correspondence became the nursery in which new rights are born: Article 8 ECHR Maris Burbergs; 16. Discrimination as a magnifying lens: scope and ambit under Article 14 and Protocol No. 12 Oddný Mjöll Arnardóttir.

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£36.87

Cambridge University Press European Consensus and the Legitimacy of the

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Book SynopsisIn order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.Trade Review'Kanstantsin Dzehtsiarou's book presents the first comprehensive treatise of consensus as used by the European Court of Human Rights … Dzehtsiarou deserves praise for this book. It discusses comprehensively a question hitherto often overlooked and opens up novel insights into 'all things consensus'. The combination of socio-legal method with the doctrinal method work[s] exceptionally well and should encourage future research along these lines.' Tobias Lock, Human Rights Law Review'The book is thoroughly researched, it presents its core ideas with lucidity and, most importantly, it takes a very clear stance in favour of a rather controversial method of interpretation, used as it is in the highly sensitive and politicized area of human rights law in Europe … In short, this book is a major achievement in the study of this important subject.' Vassilis Tzevelekos and Panos Kapotas, Common Market Law Review'Dzehtsiarou's analysis of The Court's use of a European consensus argument to generate legitimacy is well-balanced in terms of presenting both supporting and dissenting arguments. He confronts anti-majoritarians head on, arguing for example that the normative grounding of the European consensus idea in majoritarian logic has not prevented The Court from deploting it in defense of a wide range of minority groups - religious, ethnic, and linguistic.' Stephen C. Ropp, Human Rights ReviewTable of Contents1. Introduction; 2. The concept of European consensus; 3. Types of consensus; 4. Behind the scenes: comparative analysis within the Court; 5. Criticism of European consensus; 6. Legitimacy of the Court and legitimacy of its judgments; 7. European consensus: perceptions of the ECtHR judges; 8. Conclusion.

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£29.44

Cambridge University Press Critical Race Judgments

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Book SynopsisBy re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it''s possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) originally focused on race, many of the rewritten opinions Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman''s right to choose) are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles thaTrade Review'What a brilliant idea to invite critical race theorists to reimagine some of the most important and impactful legal cases in our history. The provocative collection shows what might have been if justices and judges employed an equitable lens to cases. It also shows what can still be: a fairer, egalitarian world.' Ibram X. Kendi, author of Stamped from the Beginning and How to Be an Antiracist'What if the U.S. Supreme Court treated racial inequalities as diagnoses of where American institutions need change rather than as natural, immutable, and fair? At this contentious time, pitting racial reckoning against political backlash—when cynics hijack the phrase 'critical race theory' to terrorize teachers from sharing America's actual history even as corporations embrace 'diversity, equity, and inclusion'—this collection of rigorous chapters accepts constraints of legal reasoning while demonstrating how court decisions could have centered rather than obscured the actual experiences of African Americans, American Indians, Native Hawaiians, Mexican-Americans, and immigrants. Legal treatments of voting, schooling, employment, and policing could all have been different. With telling details across American law and history, this book invigorates future possibilities of justice for all families, communities, and human beings.' Martha Minow, author of In Brown's Wake: Legacies of America's Constitutional Landmark, 300th Anniversary University Professor, Harvard University'American law is one of the battlegrounds on which the struggle for racial justice has been fought, at times serving as a barrier to justice and at other times pointing the way. The thought-provoking essays in this timely book force us to think about how we got where we are, and to imagine how these seminal decisions could have brought us to an altered, more just present.' Deborah N. Archer, President, ACLU, and Professor of Clinical Law and Co-Faculty Director, Center on Race, Law, and Inequality, NYU Law School'Critical Race Judgments could not come at more important moment. Each offering from the brilliant array of legal scholars assembled for this extraordinary project compels us to imagine the America that could have been, had the Supreme Court's jurisprudence been informed by the necessary truths that critical race theory engages. Ironically this makes Critical Race Judgments both devastating and inspiring - clearly exposing the ruinous jurisprudential path that has led us away from fulfilling the promise of the Civil War Amendments, and offering a potential path towards a jurisprudence that could still save our fragile republic.' Sherrilyn Ifill, NAACP Legal Defense Fund President and Co-DirectorTable of ContentsIntroduction: Brown v. Board of education Derrick Bell; Part I. Membership and Inclusion: Arizona v. United States Kevin Johnson; Chae Chan Ping v. United States Rose Cuizon Villazor; Plessy v. Ferguson Trina Jones; Korematsu v. United States Robert Chang; The Slaughter-House cases Francisco Valdez; Terry v. Ohio Paul Butler; Rogers v. American airlines Wendy Greene; Part II. Participation and Access: Shaw v. Reno Guy Charles and has Luis Fuentes-Rohwer; Rice v. Cayetano Addie Rolnick; Milliken v. Bradley Michelle Adams; Gong Lum v. Rice Reginald Oh; Regents of the university of california v. Bakke Luke Charles Harris; Parents involved v. seattle school district no. 1 Charles Lawrence; Part III. Property and Space: Dred Scott v. Sandford Cheryl Harris; Virginia v. Black Mari Matsuda; Palmer v. Thompson Elise Boddie; Griggs v. Duke Power Co. Angela Onwuachi-Willig and David Simson; Washington v. Davis Kimberlé Crewnshaw; Katz v. United States Bennett Capers; Illinois v. Wardlow L. Song Richardson; Part IV. Intimate choice and autonomy: Loving v. Virginia Peggy Cooper Davis; Adoptive Couple v. Baby Girl Matthew Fletcher; Reno v. Flores Jennifer Chacón; Lawrence v. Texas Russell Robinson; Moore v. City of East Cleveland Robin Lenhardt; Buck v. Bell Dorothy Roberts; Roe v. Wade Melissa Murray; Part V. Justice: United States v. Cruikshank Pratheepan Gulasekaram; McCleskey v. Kemp Mario Barnes; Whren v. United States Devon Carbado and Jonathan Feingold; Richardson v. Ramirez Janai Nelson; Bean v. Southwestern waste management corp Sheila Foster; Barlow v. Collins Angela P. Harris; Muller v. Oregon Khiara Bridges; Williams v. Walker-Thomas furniture Co. Emily Hough; San Antonio Independent school district v. Rodriguez Rachel Moran.

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£41.57