Reasoning rights : comparative judicial engagement
"This book is about judicial reasoning in human rights cases. The aim is explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways?"--Page i
| Main Authors: | , , |
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| Format: | Book |
| Language: | English |
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Worcester Place, Oxford :
Hart Publishing ,
c2016
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| Subjects: |
Table of Contents:
- 1. The pluralism of human rights adjudication
- 2. Constructing the proportionality test: an emerging global conversation
- 3. Necessity and proportionality: towards a balanced approach
- 4. Proportionality without balancing: why judicial ad hoc balancing is unnecessary and potentially detrimental to the realisation of individual and collective self-determination
- 5. Proportionality in United States constitutional law
- 6. "To the serious detriment of the public": secret evidence and closed material procedures
- 7. National security law and the creep of secrecy: a transatlantic tale
- 8. Navigating the shoals of secrecy: a comparative analysis of the use of secret evidence and "cleared counsel" in the United States, the United Kingdom, and Canada
- 9. The secret keepers: judges, security detentions, and secret evidence
- 10. The intersection of religious autonomy and religious symbols: setting the stage
- 11. Principles and compromises: religious freedom in a time of transition
- 12. State interference in the internal affairs of religious institutions
- 13. The protection of religious freedom in Australia: a comparative assessment of autonomy and symbols
- 14. The emergence and enforcement of socio-economic rights
- 15. The problematic of social rights: uniformity and diversity in the development of social rights review
- 16. A South African perspective on the judicial development of socio-economic rights
- 17. Judicial activism and the Indian Supreme Court: lessons for economic and social rights adjudication
- 18. American exceptionalism over social rights