International human rights law is often criticized as an infringement of constitutional democracy. In The Promise of Human Rights, Jamie Mayerfeld argues to the contrary that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution.
The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11.
Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.
Автор: Encarnaciaon Omar Guillermo Название: Democracy Without Justice in Spain: The Politics of Forgetting ISBN: 0812245687 ISBN-13(EAN): 9780812245684 Издательство: Wiley EDC Рейтинг: Цена: 10639.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.
Автор: Clapham Andrew Название: Human Rights: A Very Short Introduction ISBN: 0198706162 ISBN-13(EAN): 9780198706168 Издательство: Oxford Academ Рейтинг: Цена: от 1138.00 р. Наличие на складе: Есть
Описание: What are our human rights? What are their philosophical justifications and historical origins? Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this Very Short Introduction discusses the controversies and complexities behind these vitally relevant issues.
Автор: F?llesdal Название: The Legitimacy of International Human Rights Regimes ISBN: 1107034604 ISBN-13(EAN): 9781107034600 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Prominent scholars in law, political philosophy and international relations examine the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority and provide a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Описание: How does the ECtHR in Strasbourg interpret the European Convention on Human Rights? This book analyses one of the tools of interpretation: European consensus. It explores whether the Court has legitimacy when it broadens the scope of human rights and uses interviews from judges to reveal unique insights and information.
Автор: Keating Название: US Human Rights Conduct and International Legitimacy ISBN: 1137363215 ISBN-13(EAN): 9781137363213 Издательство: Springer Рейтинг: Цена: 12157.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.
Автор: F?llesdal Название: The Legitimacy of International Human Rights Regimes ISBN: 1316500608 ISBN-13(EAN): 9781316500606 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Prominent scholars in law, political philosophy and international relations examine the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority and provide a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Описание: How does the ECtHR in Strasbourg interpret the European Convention on Human Rights? This book analyses one of the tools of interpretation: European consensus. It explores whether the Court has legitimacy when it broadens the scope of human rights and uses interviews from judges to reveal unique insights and information.
This book approaches the question of whether or not the court procedure at the International Criminal Court (ICC) can be regarded as fair from two angles: First, does the ICC provide a fair trial according to the accepted standards of international human rights law? Secondly, is it substantively fair so as to establish the legitimacy of the court on a sound footing? Practitioners and academics are increasingly conscious of the need for an approach to evidence which spans civil law and common law traditions, national and international law. This is what this monograph does, in meticulous detail, for the law of confrontation and disclosure.
Автор: Aoife Nolan Название: Children`s Socio-Economic Rights, Democracy And The Courts ISBN: 1849467277 ISBN-13(EAN): 9781849467278 Издательство: Bloomsbury Academic Рейтинг: Цена: 5067.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Despite the significant growth of academic interest in both children's rights and socio-economic rights over the last two decades, children's socio-economic rights are a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such rights. Author Aoife Nolan's book - now available in paperback - remedies this omission, focusing on the circumstances in which the courts can and should give effect to the socio-economic rights of children. The arguments put forward are located within the context of long-standing debates in constitutional law, democratic theory, and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's socio-economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice, and represents a major original contribution to the existing scholarship in a range of areas, including human rights, legal and political theory, and constitutional law. The book brings together and addresses a wide range of issues, including: children as citizens and their position in relation to democratic decision-making processes * the implications of children and their rights for democratic and constitutional theory * the role of the courts in ensuring the enforcement of children's rights * the debates surrounding the litigation and adjudication of socio-economic rights. *** Children's Socio-Economic Rights, Democracy and the Courts was the winner of the Kevin Boyle Book Prize 2012 for Outstanding Legal Scholarship. (Series: Human Rights Law in Perspective)
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