Criminal Punishment and Human Rights: Convenient Morality, Sattar
Автор: Zeegers, Krit Название: International criminal tribunals and human rights law ISBN: 9462651019 ISBN-13(EAN): 9789462651012 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs' relationship with international human rights law, and focuses on the ICTs' own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs' possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.
Автор: Amatrudo Anthony Название: Human Rights and the Criminal Justice System ISBN: 0415688914 ISBN-13(EAN): 9780415688918 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Human Rights and the Criminal Justice System is an advanced text that critically reviews the relationship between the developing body of human rights theory and practice, and the criminal justice system.
Описание: The Article 6 fair trial rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg`s Article 6 case law.
Автор: Moka-Mubelo Название: Reconciling Law and Morality in Human Rights Discourse ISBN: 3319494953 ISBN-13(EAN): 9783319494951 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Описание: Criminal procedure in the common law world is being recast in the image of human rights. These essays explore various aspects of the `human rights revolution` in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Ireland, Singapore, Scotland, South Africa and the USA.
Автор: Stefano Ruggeri Название: Human Rights in European Criminal Law ISBN: 3319120417 ISBN-13(EAN): 9783319120416 Издательство: Springer Рейтинг: Цена: 16769.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book deals with human rights in European criminal law after the Lisbon Treaty. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Описание: The Article 6 fair trial rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg`s Article 6 case law.
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