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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Torture, Inhumanity and Degradation Under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs


ISBN13: 9781509902996
To be Published: October 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



Human rights are the subject of enduring interest, engagement and controversy both in the academic and public domain. Absolute human rights provoke such interest and controversy even more intensely. Yet the interest and controversy triggered has not been equated with extensive and critically engaged legal scholarship on the meaning and implications of absoluteness as a characteristic of human rights, and how this informs the contours of the right enshrined in Article 3 of the ECHR. Article 3 prohibits torture, and inhuman or degrading treatment or punishment, with no exceptions or limitations.

The book will offer a persuasive theoretical framework for the delimitation of absolute rights in a way which remains faithful to their absolute nature. It aims to counter broad-brush accounts of the delimitation of absolute rights and provide an appropriately nuanced and intellectually honest account of the theoretical foundations, and the abstract and concrete challenges, of such delimitation.

In addition, the book will encompass a rigorous, methodical and theoretically engaged legal analysis of the character and scope of Article 3 of the ECHR, pursued in light of this framework. It will provide the tools for engaging in, and critically assessing, the delimitation of an absolute right with greater clarity and coherence, while also offering a much-needed defence for the continued recognition of the non-displaceable character of this fundamental - but contested - human right.

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
Hart Publishing
£40.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published June 2018
Hart Publishing
£80.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2017
Hart Publishing
£90.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2017
Hart Publishing
£63.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
To be published April 2017
Hart Publishing
£60.00
EU Liability and International Economic Law ISBN 9781509901593
To be published March 2017
Hart Publishing
£60.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
To be published December 2016
Hart Publishing
£23.99
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
£31.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£60.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£68.00
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£50.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£48.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
Buy
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£50.00
£65.00
£26.66 + £5.33 VAT
(ePub)
Buy
£26.66 + £5.33 VAT
(ePub)
Buy
£65.00
EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
£41.66 + £8.33 VAT
(ePub)
Buy
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£55.00
£49.99 + £10.00 VAT
(ePub)
Buy
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£60.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£60.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
£19.99 + £4.00 VAT
(ePub)
Buy
Publication Abandoned