This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed.
This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of pris...
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...
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 reasone...
Drawing on theoretical, legal and policy material, Securing Legality seeks to develop a robust normative framework in which to understand the relationship between security, the rule of law and human rights. The book challenges the entrenched dichotomy, commonly invoked by activists, analysts and scholars, of the rule of law and human rights on the one hand and security on the other. It argues that security actors often fail adequately to grasp the role of law and legal legitimacy in their conceptions of security, while guardians of legality too easily overlook the intrinsic and explicit role...
Drawing on theoretical, legal and policy material, Securing Legality seeks to develop a robust normative framework in which to understand the relation...
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...
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 reasone...