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Reasoning Rights: Comparative Judicial Engagement

Reasoning Rights: Comparative Judicial Engagement

Author: Liora Lazarus; Christopher McCrudden; Nigel Bowles
Publisher: Hart Publishing
ISBN: 9781509908431

Published In: September 2016
Format: Paperback , 432 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849462525

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This book is about comparative 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 dramatically different ways? What is the shape of this reasoning; what techniques are common across the transnational jurisprudence; and what are diverse?

The book, comprised of contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which too often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence in the content of reasons being developed by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional issues, cannot be attributable 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.

Part 1: INTRODUCTION

1. The Pluralism of Human Rights Adjudication

Part 2: PROPORTIONALITY

2. Constructing the Proportionality Test: An Emerging Global Conversation

3. Necessity and Proportionality: Towards a Balanced Approach

4. Proportionality Without Balancing: Why Judicial Ad hoc Balancing is

Unnecessary and Potentially Detrimental to the Realisation of Individual

and Collective Self-determination

5. Proportionality in United States Constitutional Law

Part 3: NATIONAL SECURITY AND HUMAN RIGHTS

6. ‘To the Serious Detriment of the Public’: Secret Evidence and Closed

Material Procedures

7. National Security Law and the Creep of Secrecy: A Transatlantic Tale

8. Navigating the Shoals of Secrecy: A Comparative Analysis of the Use of Secret

Evidence and ‘Cleared Counsel’ in the United States, the United Kingdom,

and Canada

9. The Secret Keepers: Judges, Security Detentions, and Secret Evidence

Part 4: RELIGION AND HUMAN RIGHTS

10. The Intersection of Religious Autonomy and Religious Symbols: Setting

the Stage

11. Principles and Compromises: Religious Freedom in a Time of Transition

12. State Interference in the Internal Affairs of Religious Institutions

13. The Protection of Religious Freedom in Australia: A Comparative

Assessment of Autonomy and Symbols

Part 5: SOCIO-ECONOMIC RIGHTS

14. The Emergence and Enforcement of Socio-Economic Rights

15. The Problematic of Social Rights – Uniformity and Diversity in the

Development of Social Rights Review

16. A South African Perspective on the Judicial Development of Socio-Economic Rights

17. Judicial Activism and the Indian Supreme Court: Lessons for Economic

and Social Rights Adjudication

18. American Exceptionalism over Social Rights

Liora Lazarus is a Fellow in Law and University Lecturer in Law at St Anne's College, University of Oxford. Christopher McCrudden is Professor of Equality and Human Rights Law, Queen's University Belfast; William W Cook Global Professor of Law at University of Michigan Law School; and a member of Blackstone Chambers. Nigel Bowles is Director of the Rothermere American Institute at the University of Oxford.