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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Reasoning Rights: Comparative Judicial Engagement (eBook)

Edited by: Liora Lazarus, Christopher McCrudden, Nigel Bowles

ISBN13: 9781782252344
Published: July 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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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.

Human Rights and Civil Liberties, eBooks
1. The Pluralism of Human Rights Adjudication

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

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

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

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