Judges, Transitions and Human Rights

Human Rights

Judges, Transitions and Human Rights

By John Morison
Oxford University Press March 2007

Specifications

ISBN-13
9780199204939
Publisher
Oxford University Press
Publication
March 2007
Format
Hardback , 600 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Features interdisciplinary analysis drawing on human rights, politics, international relations, and peace and conflict studies
  • Includes contributions from some of the most prominent contemporary national and international human rights and transitional scholars
  • Draws on comparative experiences in South Africa, Canada, the USA, Britain, East Timor, Israel\Palestine, the Balkans, the Weimar Republic in Germany, the Irish Free State (and Republic of Ireland) and Northern Ireland

This book brings together many of the most prominent contemporary national and international human rights and transitional justice scholars in one collection. The book focuses in particular on the intersection between judges, transitional processes and human rights discourses. It brings together doctrinal, socio-legal and criminological perspectives on a range of topics including the judicial construction of national and supra-national constitutions, the role of human rights discourses in transition from conflict, and in a range of sites in more 'settled' societies. The book draws upon comparative experiences in South Africa, Canada, the USA, Britain, Ireland, the Balkans, the Weimar Republic, Northern Ireland, the Republic of Ireland and elsewhere. It also situates that analysis within supra-national and indeed subnational frameworks.

Readership: Academics, scholars, and advanced students of International Human Rights Law, Comparative Law and Politics, International Relations, Peace Studies, and Conflict Resolution

Table of Contents

1: John Morison, Kieran McEvoy, Gordon Anthony: Judges, Transition and Human Rights Cultures
I Judges
2: Martin Flaherty: Judicial Globalisation in the Service of Self-Government
3: Robert Harmsen: The European Court of Human Rights as a "Constitutional Court": Definitional Debates and the Dynamics of Reform
4: David Harris: The Right to a Fair Trial in Civil Cases under the European Convention on Human Rights
5: Tom Zwart: The Ebb and Flow of Judicial Scrutiny
6: Hugh Corder: Judicial Policy in a Transforming Constitution
7: John Morison, Marie Lynch: Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland
8: Brice Dickson: The House of Lords and the Northern Ireland Conflict: A Sequel
II Transition
9: Christine Bell, Colm Campbell, Fionnuala Ní Aoláin: Transitional Justice, Rule of Law and International Discourses: Convergence or Divergence
10: Tom Hadden: Human Rights and Conflict Resolution
11: Paul Hainsworth: East Timor: Transition, Human Rights & Justice In The United Nation's Newest State
12: Gerard Quinn: Two Uses of the "Tactic of Legality": The Collapse and Replacement of the Weimar and Irish Free State
13: William Schabas: Ireland's Role in the Drafting of the European Convention on Human Rights
14: Kieran McEvoy, Rachel Rebouche: Lawyers and Political Transformation ; Towards a Sociology of the Legal Profession in Transition
15: Rachel Murray: The Added Value of a Human Rights Commission
16: Chris McCrudden: The Council of Europe Framework Convention on National Minorities and Northern Ireland: How not to Internationalize Human Rights Discourse
17: Maggie Beirne, Martin O'Brien: A View From Below : Northern Ireland, Human Rights Campaigning and the War on Terror
III Human Rights Cultures
18: Kevin Boyle: Linking Human rights to Other Things
19: Sally Wheeler: Human Rights and the Multi-national Corporate Enterprise
20: Gordon Anthony, Paul Mageean: Opportunities and Obfuscations: Article 2 ECHR in Post-conflict Northern Ireland
21: David Feldman: Constitutionalism, Deliberative Democracy and Human Rights
22: Murray Hunt: Reshaping Constitutionalism: the Role of the Joint Committee on Human Rights
23: Elizabeth Meehan: Human Rights and Women's Rights; The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship
24: Lesley McEvoy, Laura Lundy: Securing a Human Rights Culture through the Protection, Promotion and Fulfilment of Children's Rights in Schools
25: Colin Harvey: Protecting the Marginalised? The Role of Human Rights Law
26: Thérèse Murphy, Noel Whitty: Risk and Human Rights

About the Author

Edited by John Morison, Professor of Jurisprudence, Head of School, Queens University Belfast,Kieran McEvoy, Professor of Law and Transitional Justice, Director of Institute of Criminology and Criminal Justice, School of Law, Queens University Belfast, and Gordon Anthony, Senior Lecturer in Law, Queens University Belfast

Contributors: 
  • John Morison
  • Kieran McEvoy
  • Gordon Anthony
  • Martin Flaherty
  • Robert Harmsen
  • David Harris
  • Tom Zwart
  • Hugh Corder
  • Marie Lynch
  • Brice Dickson
  • Christine Bell
  • Colm Campbell
  • Fionnuala Ní Aoláin
  • Tom Hadden
  • Paul Hainsworth
  • Gerard Quinn
  • William Schabas
  • Rachel Rebouche
  • Rachel Murray
  • Chris McCrudden
  • Maggie Beirne
  • Martin O'Brien
  • Kevin Boyle
  • Sally Wheeler
  • Paul Mageean
  • David Feldman
  • Murray Hunt
  • Elizabeth Meehan
  • Lesley McEvoy
  • Laura Lundy
  • Colin Harvey
  • Thérèse Murphy
  • Noel Whitty
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