Damages and Human Rights

ISBN-13: 9781849463720 / Angielski / Twarda / 2016 / 552 str.

Jason Ne Varuhas

Opis

This book explores the theoretical foundations of human rights damages and it examines when such damages ought to be awarded, how they ought to be assessed, and the range of damages that ought to be available. The central thesis is that a vindicatory approach, modelled on the approach to damages for breach of basic rights in domestic tort law, ought to be adopted. A number of other approaches are analyzed in detail, including the current 'mirror' approach which ties the approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States Constitutional law. Subject: Human Rights Law, Tort Law]