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Vol 22 No 9 Sept/Oct 2017

Book of the Month

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Corruption and Misuse of Public Office

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Monetary Remedies for Breach of Human Rights: A Comparative Study


ISBN13: 9781841135113
ISBN: 1841135119
Published: November 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Low stock.

This book is a comparative analysis of the domestic cause of action for breach of constitutional rights giving rise to a monetary remedy. It begins by describing the cause of action in the United States of America, India and New Zealand, from which it extrapolates a generic structure to the cause of action shared by the three jurisdictions.

The relevance of this set of common questions and influences extends beyond those three jurisdictions, leading to a careful assessment of the likely development and shape of the fledgling remedy in the United Kingdom under section 8 of the Human Rights Act 1998. The analytical framework developed is then shown to be relevant as a guide in all jurisdictions in which such a cause of action either exists or may develop in the future. The book will therefore be of interest to scholars and practitioners involved with human rights law throughout the common law world.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction
PART I: JURISDICTIONS
2. United States of America: Section 1983 and Bivens
A. Introduction
B. Actions against State Governments
C. Actions against Federal Officers
D. Summary: The Causes of Action in the United States
3. India: Article 32
A. Introduction
B. The Constitution and the Supreme Court
C. The Centrality of Article 32
D. The Relationship between Articles 32 and 226
E. Standing
F. The Development of a Monetary Remedy
G. Expansion of the Remedy
H. Summary
4. New Zealand: Baigent's Case
A. Introduction
B. New Zealand Bill of Rights Act 1990
C. The Cause of Action
D. Summary
PART II: COMPARATIVE ANALYSIS
5. Structure of the Cause of Action
A. Introduction
B. What Does the Cause of Action Protect?
C. Who Does the Cause of Action Protect?
D. Against Whom Is the Cause of Action Directed?
E. What Does the Court Order?
F. Conclusions
6. Overarching Influences
A. Introduction
B. What Is the Source of the Cause Of Action?
C. What Is the Age of the Cause of Action?
D. What Is the Wider Context of the Cause Of Action?
E. What Is the Internal Context of the Cause of Action?
F. Conclusions
PART III: TURNING THE ANALYSIS AROUND
7. The United Kingdom Human Rights Act 1998
A. Introduction
B. Completing the Framework: the Overarching Influences
C. Answering the Common Questions: Towards an Application to the
Human Rights Act
D. Conclusions
8. Conclusion

Series: Human Rights Law in Perspective

Proportionality Beyond the Human Rights Act ISBN 9781841137438
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Governing (Through) Rights ISBN 9781849467391
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Governing (Through) Rights (eBook) ISBN 9781509903832
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Discrimination, Equality and the Law ISBN 9781509904990
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Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
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£49.99 + £10.00 VAT
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Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
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£60.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
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£24.99
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
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£18.32 + £3.67 VAT
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Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
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Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£41.66 + £8.33 VAT
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Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£50.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£45.82 + £9.17 VAT
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Rights in Divided Societies ISBN 9781849461009
Published July 2012
Hart Publishing
£55.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£70.00
Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£35.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£55.00
£65.00
£41.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£70.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£60.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£65.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
Hart Publishing
£65.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£43.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£45.00