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基本説明
On the intersection between the role of judges, the language of human rights, and the politics of societies in transition, covering experiences as diverse as South Africa, the USA, Great Britain, the Balkans and Northern Ireland.
Full Description
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 in particular on the intersection between judges, transitional processes and human rights discourses. It brings together 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 indeed subnational frameworks.
Contents
1. Judges, Transition and Human Rights Cultures ; I JUDGES ; 2. Judicial Globalisation in the Service of Self-Government ; 3. The European Court of Human Rights as a "Constitutional Court": Definitional Debates and the Dynamics of Reform ; 4. The Right to a Fair Trial in Civil Cases under the European Convention on Human Rights ; 5. The Ebb and Flow of Judicial Scrutiny ; 6. Judicial Policy in a Transforming Constitution ; 7. Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland ; 8. The House of Lords and the Northern Ireland Conflict: A Sequel ; II TRANSITION ; 9. Transitional Justice, Rule of Law and International Discourses: Convergence or Divergence ; 10. Human Rights and Conflict Resolution ; 11. East Timor: Transition, Human Rights & Justice In The United Nation's Newest State ; 12. Two Uses of the "Tactic of Legality": The Collapse and Replacement of the Weimar and Irish Free State ; 13. Ireland's Role in the Drafting of the European Convention on Human Rights ; 14. Lawyers and Political Transformation; Towards a Sociology of the Legal Profession in Transition ; 15. The Added Value of a Human Rights Commission ; 16. The Council of Europe Framework Convention on National Minorities and Northern Ireland: How not to Internationalize Human Rights Discourse ; 17. A View From Below : Northern Ireland, Human Rights Campaigning and the War on Terror ; III HUMAN RIGHTS CULTURES ; 18. Linking Human rights to Other Things ; 19. Human Rights and the Multi-national Corporate Enterprise ; 20. Opportunities and Obfuscations: Article 2 ECHR in Post-conflict Northern Ireland ; 21. Constitutionalism, Deliberative Democracy and Human Rights ; 22. Reshaping Constitutionalism: the Role of the Joint Committee on Human Rights ; 23. Human Rights and Women's Rights; The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship ; 24. Securing a Human Rights Culture through the Protection, Promotion and Fulfilment of Children's Rights in Schools ; 25. Protecting the Marginalised? The Role of Human Rights Law ; 26. Risk and Human Rights
