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Current Problems in the Protection of Human Rights

Current Problems in the Protection of Human Rights

Current Problems in the Protection of Human Rights Perspectives from Germany and the UK

Author: Katja S Ziegler; Peter M Huber
Publisher: Hart Publishing
ISBN: 9781849461245
Published In: March 2013
Format: Hardback , 276 pages
Jurisdiction: Germany, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of domestic law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Katja S Ziegler is a Reader in European and Comparative Law and Fellow in Law at St Hilda's College, University of Oxford.

Peter M Huber is Professor of Law at Fakultät für Rechtswissenschaft, Ludwig-Maximilians-Universität München.

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