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"Due process of law"
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Global justice and due process
\"The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law\"-- Provided by publisher.
BOOK
Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights
Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on the conflict between immunities and Article 6 of the European Convention on Human Rights.
eBook
Human rights transformed : positive rights and positive duties
This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues that human rights are based on a far richer view of freedom, going beyond absence of coercion and focusing on the ability to exercise such freedom. This requires positive action to facilitate freedom, and substantive equality. It also recognizes the essentially social nature of human beings, and the crucial role of social interaction in advancing freedom. Drawing on political theory and social policy, as well as comparative experience from India, South Africa, the European Convention on Human Rights, the EU, US, Canada, and the UK, the book aims to create a theoretical and applied framework for understanding positive human rights duties. The first part focuses on creating an analytic framework for understanding positive duties. Chapter 1 aims to refashion the underlying values of liberty, equality and solidarity to yield the rich understanding of human rights argued for in this book. Chapter 2 focuses on the State, examining the role of positive human rights duties in furthering democracy, and in respect of globalization and privatization. Part II aims to fashion a democratic role for courts as well as examining alternative compliance methods, while Part III applies the analysis to specific rights, firstly equality, and then the traditional socio-economic rights to housing, education, and welfare.
eBook
Human flourishing : the end of law : essays in honor of Siegfried Wiessner
\"This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title \"Human Flourishing: The End of Law\" reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity\"-- Provided by publisher.
Book
The Conscience of the Constitution
This book follows Tooley in his travels from the largest shanty town in Africa to the mountains of Gansu, China, and of the children, parents, teachers, and entrepreneurs who taught him that the poor are not waiting for educational handouts. They are building their own schools and learning to save themselves.
eBook
Defending the jury : crime, community, and the Constitution
\"This book sets forth a new approach to twenty-first-century criminal justice and punishment, an approach that fully involves the community and provides a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice.Ultimately, the people's right to participate in the criminal justice system through the criminal law -- a right that is all too often overlooked -- is essential to truly legitimizing the criminal process and ensuring its democratic nature\"-- Back cover.
Book
The Judiciary: Breathing Life into the Human Right to Life
The UN General Assembly (UNGA) recognized the human right to the environment on July 28, 2022 (resolution. 76/300). It came as a sequel to the Human Rights Council (HRC) resolution (48/13) of October 8, 2021 on the identical theme. The right is the foundation for all other human rights and for the UN Sustainable Development Goals 2030 (SDGs 2030). Most States have recognized the right in national constitutions and law. While international tribunals can be expected to clarify and enforce the human right to the environment, it is the national and sub-national courts where the right will be invoked and enforced. These national legal proceedings have begun. They face significant opposition by vested interests, as well as the inertia favoring business as usual. A case study examining the initial decisions in the State of New York (USA) illustrates the character of opposition to observing the right to the environment. Ultimately, procedural “due process of law” will combine with the substantive “human right to the environment” to build needed rigor into laws mandating stewardship of the nature and human wellbeing.
Journal Article
Closing the courthouse door : how your constitutional rights became unenforceable
\"The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question\"--Jacket.
Book
Civil Justice in the Age of Human Rights
The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights.
The book is primarily concerned with the effects of the HRA on civil procedure and, in particular, the effects on the CPR. It examines the view that the new civil procedure regime could be susceptible to HRA challenges. More specifically, the work discusses whether there are differences between the CPR and the ECHR ideas of what constitutes a fair trial or just decision and between their views of proportionality. The study notes the differences between common and civil law and discusses whether there is any coming together with other European systems.
This book will be a valuable resource for academics and researchers as well as lawyers and judges with an interest in the practical implications of the HRA.
eBook