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Vol 21 No 11 Nov/Dec 2016

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Judges, Transition, and Human Rights

Edited by: John Morison, Kieran McEvoy, Gordon Anthony

ISBN13: 9780199204946
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £54.00



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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.

  • 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

Contents:
1. Judges, Transition and Human Rights , John Morison, Kieran McEvoy, Gordon Anthony
I Judges
2. Judicial Globalisation in the Service of Self-Government , Martin S. Flaherty
3. The European Court of Human Rights as a nullConstitutional Courtnull: Definitional Debates and the Dynamics of Reform , Robert Harmsen
4. The Scope the Right to a Fair Trial Guarantee in Non-Criminal Cases in the European Convention on Human Rights , David Harris
5. Deference Owed Under the Separation of Powers , Tom Zwart
6. Judicial Policy in a Transforming Constitution , Hugh Corder
7. Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland , John Morison, Marie Lynch
II Transition
8. The Battle for Transititional Justice: Hegemony, Iraq, and International Law , Christine Bell, Colin Campbell, Fionnuala Ni Aolain
9. Human Rights and Conflict Resolution , Tom Hadden
10. Habits of Mind and 'Truth-Telling': Article 2 ECHR in Post-Conflict Northern Ireland , Gordon Anthony, Paul Mageean
11. The Impact of the Human Rights Act in Northern Ireland , Brice Dickson
12. Dangerous Constitutional Moments: The Tactic of Legality in Nazi Germany and the Irish Free State Compared , Gerard Quinn
13. Ireland, The European Convention on Human Rights, and the Personal Contribution of Sean MacBride , William Schabas
14. Mobilizing the Professions: Lawyers, Politics, and the Collective Legal Conscience , Kieran McEvoy, Rachel ReBouche
15. Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities , Chris McCrudden;
III Human Rights
16. The Relationship Between Parliaments and National Human Rights Institutions , Rachel Murray
17. A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror , Maggie Beirne, Angela Hegarty
18. Linking Human Rights and other Goals , Kevin Boyle
19. Corporations, Human Rights, and Social Inequality , Sally Wheeler
20. Constitutionalism, Deliberative Democracy, and Human Rights , David Feldman
21. Reshaping Constitutionalism , Murray Hunt
22. Human Rights and Women's Rights: The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship , Elizabeth Meehan
23. In the Small Places: Education and Human Rights Culture in Conflict-Affected Societies , Lesley McEvoy, Laura Lundy
24. Protecting the Marginalized? , Colin Harvey
25. Risk and Human Rights: Ending Slopping Out in a Scottish Prison , Therese Murphy, Noel Whitty