Reasoning Rights: Comparative Judicial EngagementLiora Lazarus, Christopher McCrudden, Nigel Bowles This book is about judicial 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 significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed 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. |
Other editions - View all
Reasoning Rights: Comparative Judicial Engagement Liora Lazarus,Christopher McCrudden,Nigel Bowles Limited preview - 2014 |
Reasoning Rights: Comparative Judicial Engagement Liora Lazarus,Christopher McCrudden,Nigel Bowles No preview available - 2016 |
Reasoning Rights: Comparative Judicial Engagement Liora Lazarus,Christopher McCrudden,Nigel Bowles No preview available - 2014 |
Common terms and phrases
adopted alternative analysis applied approach argued Australia Bilchitz Binyam Mohamed Canada Canadian chapter Church cleared counsel considered Constitutional Court Constitutional Law constitutional rights context Court of Human decision detainee disclosure discrimination ECtHR effect EHRR European Convention European Court example extraordinary rendition F 3d freedom of religion fundamental rights German Constitutional Court hoc balancing human rights adjudication human rights law ibid individual infringement International interpretation involved Israel Israeli Israeli Supreme Court issue Journal judges judgment judicial review jurisdictions jurisprudence Law Review lawyers legislation limited litigation Lochner measure national security necessity enquiry normative open justice Oxford particular political principle proportionality inquiry protection realise reasoning religion role scrutiny secret evidence security detention social rights review socio-economic rights South African Constitutional special advocate sphere sovereignty stage strict scrutiny Supreme Court tion Union of India United Kingdom Unlawful Combatants