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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Judicial Comparativism in Human Rights Cases

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Edited by: Orucu Esin

ISBN13: 9780904281187
ISBN: 0904281183
Published: June 2003
Publisher: British Institute of International and Comparative Law
Country of Publication: UK
Format: Paperback
Price: £50.00



Despatched in 12 to 14 days.

In our globalizing world, can we talk of a "common law or ius commune of human rights"? Is such a common law being developed by our judges in conversation with judges from foreign jurisdictions and from the European Court of Human Rights? Can this be the new natural law? These and other questions are addressed in this volume through the experiences of England, France, Germany, Russia, Scotland, Turkey, South Africa, and the European Court of Justice and the European Court of Human Rights. This volume also looks at why and how far judges are employing the comparative approach, the legitimacy of this approach, and the question of whether comparativism is an interpretative aid, "functional" or "ornamental." Invaluable for comparative lawyers, comparative constitutional lawyers, human rights lawyers, law students and lawyers engaged in transnational issues in the area of human rights, this book addresses issues such as defining where "globalism" ends and "localism" begins, and whether ther

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