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Human Rights Brought Home: Socio-Legal Perspectives of Human Rights in the National Context

Edited by: Simon Halliday, Patrick Schmidt

ISBN13: 9781841133881
ISBN: 1841133884
Published: August 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge.;The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: Socio-Legal Perspectives on Human Rights in the National Context
Patrick Schmidt and Simon Halliday
2. Implementing Human Rights
Denis Galligan and Deborah Sandler
3. France, the UK, and the ‘Boomerang’ of the Internationalisation of Human Rights (1945–2000)
Mikael Rask Madsen
4. ‘We’ve Had To Raise Our Game’: Liberty’s Litigation Strategy Under The Human Rights Act 1998
Richard J Maiman
5. Implementing the Human Rights Act into the Courts in England and Wales: Culture Shift or Damp Squib?
John Raine and Clive Walker
6. The Effectiveness of National Human Rights Institutions
Stephen Livingstone and Rachel Murray
7. When Do Rights Matter? A Case Study of the Right to Equal Treatment in Sweden
Reza Banakar
8. Human Rights and French Criminal Justice: Opening the Door to Pre-Trial Defence Rights
Jacqueline Hodgson
9. The Millennium Blip: The Human Rights Act 1998 and Local Government
Luke Clements and Rachel Morris
10. Empowering Children? Legal Understandings and Experiences of Rights in the Scottish Children’s Hearings System
Anne Griffiths and Randy Frances Kandel

Series: Human Rights Law in Perspective

Proportionality Beyond the Human Rights Act ISBN 9781841137438
To be published February 2027
Hart Publishing
£50.00
Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954865
To be published April 2026
Hart Publishing
£41.99
Law and Islamic Dress: Rights and Fascism in Europe ISBN 9781509910496
To be published August 2025
Hart Publishing
£60.00
Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954827
To be published October 2024
Hart Publishing
£85.00
Article 8 ECHR, Family Reunification and the Uk's Supreme Court: Family Matters? ISBN 9781509966073
To be published August 2024
Hart Publishing
£42.99
The Times and Temporalities of International Human Rights Law ISBN 9781509949991
Published June 2023
Hart Publishing
£41.99
£85.00
£76.50
(ePub)
Buy
The Times and Temporalities of International Human Rights Law (eBook) ISBN 9781509949915
Published February 2022
Hart Publishing
£37.79
(ePub)
Buy
The Times and Temporalities of International Human Rights Law ISBN 9781509949908
Published February 2022
Hart Publishing
£90.00
£38.99
Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509933037
Published October 2019
Hart Publishing
£39.99
£35.09
(ePub)
Buy
Governing (Through) Rights ISBN 9781509926824
Published January 2019
Hart Publishing
£28.99
Property and Human Rights in a Global Context ISBN 9781509921157
Published April 2018
Hart Publishing
£36.99
£95.00
£35.99
(ePub)
Buy
Governing (Through) Rights ISBN 9781849467391
Published September 2016
Hart Publishing
£75.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published September 2016
Hart Publishing
£26.09
(ePub)
Buy
Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
Hart Publishing
£27.99
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
Hart Publishing
£33.29
(ePub)
Buy
Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
Hart Publishing
£85.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
Hart Publishing
£31.99
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
Hart Publishing
£25.19
(ePub)
Buy
Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
Hart Publishing
£80.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£72.00
(ePub)
Buy
Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£80.00
Rights in Divided Societies ISBN 9781849461009
Published July 2012
Hart Publishing
£85.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£76.50
(ePub)
Buy
Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£28.79
(ePub)
Buy
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£42.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£85.00
£95.00
£59.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£95.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£90.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£95.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
Hart Publishing
£95.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£69.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£75.00