Human Rights

Human Rights in National Administrative Law: Dissemination of Knowledge of Human Rights Through Administrative Decisions

By Ayo Naesborg-Andersen
DJOF Publishing July 2015

Specifications

ISBN-13
9788757434248
Publisher
DJOF Publishing
Publication
July 2015
Format
Paperback
Jurisdiction
Denmark ? Countri(es) for reference only

Details

Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions.

The book consists of three parts. The first contains the introduction, research question, methodological considerations and delimitations. The second is an in-depth look at the theory of empowerment and legal capability, coupled with an analysis of how this theory is supported by international and national law.

The third and final part contains an analysis of cases from both the Danish Parliamentary Ombudsman and the Danish Equality Board (Ligebehandlingsnaevnet), applying a model of analysis developed using the theory of legal capability and communication theories.Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.

Table of Contents

Preface

PART I: STRUCTURE AND METHODOLOGY
Chapter 1. Introduction
Chapter 2. National and International Perspectives

PART II: THEORY
Chapter 3. Human Rights,
Empowerment and Legal Capability
Chapter 4. Analysis of Legal Capability in International Human Rights Law
Chapter 5. Analysis of Legal Capability in Danish Administrative Law
Chapter 6. The Danish Parliamentary Ombudsman and the Equality Board
Chapter 7. Model of Analysis

PART III: ANALYSIS
Chapter 8. Selection of Relevant Case-Law
Chapter 9. Analysis of the Case-law
Chapter 10. Analysis of Case-law from the LBN
Chapter 11. Conclusion
Chapter 12. Further Perspectives
Chapter 13. Dansk Resume
Chapter 14. English Abstract
Chapter 15. Tables and Figures
Chapter 16. Literature and SourcesList of Cases Appendices
List of Cases
Appendices
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