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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 ; 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 Scope the Right to a Fair Trial Guarantee in Non-Criminal Cases in the European Convention on Human Rights ; 5. Deference Owed Under the Separation of Powers ; 6. Judicial Policy in a Transforming Constitution ; 7. Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland ; II TRANSITION ; 8. The Battle for Transititional Justice: Hegemony, Iraq, and International Law ; 9. Human Rights and Conflict Resolution ; 10. Habits of Mind and 'Truth-Telling': Article 2 ECHR in Post-Conflict Northern Ireland ; 11. The Impact of the Human Rights Act in Northern Ireland ; 12. Dangerous Constitutional Moments: The Tactic of Legality in Nazi Germany and the Irish Free State Compared ; 13. Ireland, The European Convention on Human Rights, and the Personal Contribution of Sean MacBride ; 14. 'Mobilizing the Professions': Lawyers, Politics, and the Collective Legal Conscience ; 15. Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities ; III HUMAN RIGHTS ; 16. The Relationship Between Parliaments and National Human Rights Institutions ; 17. A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror ; 18. Linking Human Rights and other Goals ; 19. Corporations, Human Rights, and Social Inequality ; 20. Constitutionalism, Deliberative Democracy, and Human Rights ; 21. Reshaping Constitutionalism ; 22. Human Rights and Women's Rights: The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship ; 23. In the Small Places: Education and Human Rights Culture in Conflict-Affected Societies ; 24. Protecting the Marginalized? ; 25. Risk and Human Rights: Ending Slopping Out in a Scottish Prison
