This book brings together many of the most prominent contemporary national and international human rights and transitional justice scholars in one collection. The book focuses on the intersection between judges, transitional processes and human rights discourses. It unites doctrinal, socio-legal and criminological perspectives on a range of topics including the judicial construction of national and supra-national constitutions, the role of human rights discourses in transition from conflict, and in a range of sites in more 'settled' societies. The book draws upon comparative experiences in…mehr
This book brings together many of the most prominent contemporary national and international human rights and transitional justice scholars in one collection. The book focuses on the intersection between judges, transitional processes and human rights discourses. It unites doctrinal, socio-legal and criminological perspectives on a range of topics including the judicial construction of national and supra-national constitutions, the role of human rights discourses in transition from conflict, and in a range of sites in more 'settled' societies. The book draws upon comparative experiences in South Africa, Canada, the USA, Britain, Ireland, the Balkans, the Weimar Republic, Northern Ireland, the Republic of Ireland and elsewhere. It also situates that analysis within supra-national and sub national frameworks.
John Morison is Professor of Jurisprudence and Head of the School of Law at Queens University Belfast. He has written widely in the fields of public law and legal theory. Kieran McEvoy is Professor of Law and Transitional Justice and Director of the Institute of Criminology and Criminal Justice, School of Law Queens University Belfast. He has written widely in the fields of criminology, conflict transformation and transitional justice. Dr Gordon Anthony is a Senior Lecturer in Law, School of Law Queens University Belfast. He has published widely in the fields of public law and human rights.
Inhaltsangabe
* 1: John Morison, Kieran McEvoy, Gordon Anthony: Judges, Transition and Human Rights Cultures * I Judges * 2: Martin Flaherty: Judicial Globalisation in the Service of Self-Government * 3: Robert Harmsen: The European Court of Human Rights as a "Constitutional Court": Definitional Debates and the Dynamics of Reform * 4: David Harris: The Right to a Fair Trial in Civil Cases under the European Convention on Human Rights * 5: Tom Zwart: The Ebb and Flow of Judicial Scrutiny * 6: Hugh Corder: Judicial Policy in a Transforming Constitution * 7: John Morison, Marie Lynch: Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland * 8: Brice Dickson: The House of Lords and the Northern Ireland Conflict: A Sequel * II Transition * 9: Christine Bell, Colm Campbell, Fionnuala Ní Aoláin: Transitional Justice, Rule of Law and International Discourses: Convergence or Divergence * 10: Tom Hadden: Human Rights and Conflict Resolution * 11: Paul Hainsworth: East Timor: Transition, Human Rights and Justice In The United Nation's Newest State * 12: Gerard Quinn: Two Uses of the "Tactic of Legality": The Collapse and Replacement of the Weimar and Irish Free State * 13: William Schabas: Ireland's Role in the Drafting of the European Convention on Human Rights * 14: Kieran McEvoy, Rachel Rebouche: Lawyers and Political Transformation ; Towards a Sociology of the Legal Profession in Transition * 15: Rachel Murray: The Added Value of a Human Rights Commission * 16: Chris McCrudden: The Council of Europe Framework Convention on National Minorities and Northern Ireland: How not to Internationalize Human Rights Discourse * 17: Maggie Beirne, Martin O'Brien: A View From Below : Northern Ireland, Human Rights Campaigning and the War on Terror * III Human Rights Cultures * 18: Kevin Boyle: Linking Human rights to Other Things * 19: Sally Wheeler: Human Rights and the Multi-national Corporate Enterprise * 20: Gordon Anthony, Paul Mageean: Opportunities and Obfuscations: Article 2 ECHR in Post-conflict Northern Ireland * 21: David Feldman: Constitutionalism, Deliberative Democracy and Human Rights * 22: Murray Hunt: Reshaping Constitutionalism: the Role of the Joint Committee on Human Rights * 23: Elizabeth Meehan: Human Rights and Women's Rights; The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship * 24: Lesley McEvoy, Laura Lundy: Securing a Human Rights Culture through the Protection, Promotion and Fulfilment of Children's Rights in Schools * 25: Colin Harvey: Protecting the Marginalised? The Role of Human Rights Law * 26: Thérèse Murphy, Noel Whitty: Risk and Human Rights
* 1: John Morison, Kieran McEvoy, Gordon Anthony: Judges, Transition and Human Rights Cultures * I Judges * 2: Martin Flaherty: Judicial Globalisation in the Service of Self-Government * 3: Robert Harmsen: The European Court of Human Rights as a "Constitutional Court": Definitional Debates and the Dynamics of Reform * 4: David Harris: The Right to a Fair Trial in Civil Cases under the European Convention on Human Rights * 5: Tom Zwart: The Ebb and Flow of Judicial Scrutiny * 6: Hugh Corder: Judicial Policy in a Transforming Constitution * 7: John Morison, Marie Lynch: Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland * 8: Brice Dickson: The House of Lords and the Northern Ireland Conflict: A Sequel * II Transition * 9: Christine Bell, Colm Campbell, Fionnuala Ní Aoláin: Transitional Justice, Rule of Law and International Discourses: Convergence or Divergence * 10: Tom Hadden: Human Rights and Conflict Resolution * 11: Paul Hainsworth: East Timor: Transition, Human Rights and Justice In The United Nation's Newest State * 12: Gerard Quinn: Two Uses of the "Tactic of Legality": The Collapse and Replacement of the Weimar and Irish Free State * 13: William Schabas: Ireland's Role in the Drafting of the European Convention on Human Rights * 14: Kieran McEvoy, Rachel Rebouche: Lawyers and Political Transformation ; Towards a Sociology of the Legal Profession in Transition * 15: Rachel Murray: The Added Value of a Human Rights Commission * 16: Chris McCrudden: The Council of Europe Framework Convention on National Minorities and Northern Ireland: How not to Internationalize Human Rights Discourse * 17: Maggie Beirne, Martin O'Brien: A View From Below : Northern Ireland, Human Rights Campaigning and the War on Terror * III Human Rights Cultures * 18: Kevin Boyle: Linking Human rights to Other Things * 19: Sally Wheeler: Human Rights and the Multi-national Corporate Enterprise * 20: Gordon Anthony, Paul Mageean: Opportunities and Obfuscations: Article 2 ECHR in Post-conflict Northern Ireland * 21: David Feldman: Constitutionalism, Deliberative Democracy and Human Rights * 22: Murray Hunt: Reshaping Constitutionalism: the Role of the Joint Committee on Human Rights * 23: Elizabeth Meehan: Human Rights and Women's Rights; The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship * 24: Lesley McEvoy, Laura Lundy: Securing a Human Rights Culture through the Protection, Promotion and Fulfilment of Children's Rights in Schools * 25: Colin Harvey: Protecting the Marginalised? The Role of Human Rights Law * 26: Thérèse Murphy, Noel Whitty: Risk and Human Rights
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