Winner of the 2018 Inner Temple New Authors Book Prize and the 2016
SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and
Human Rights is a major work on awards of damages for violations of
human rights that will be of compelling interest to practitioners,
judges and academics alike. Damages for breaches of human rights is
emerging as an important and practically significant field of law, yet
the rules and principles governing such awards and their theoretical
foundations remain underexplored, while courts continue to struggle to
articulate a coherent law of human rights damages. The book's focus is
English law, but it draws heavily on comparative material from a range
of common law jurisdictions, as well as the jurisprudence of
international courts. The current law on when damages can be obtained
and how they are assessed is set out in detail and analysed
comprehensively. The theoretical foundations of human rights damages
are examined with a view to enhancing our understanding of the remedy
and resolving the currently troubled state of human rights damages
jurisprudence. The book argues that in awarding damages in human
rights cases the courts should adopt a vindicatory approach, modelled
on those rules and principles applied in tort cases when basic rights
are violated. Other approaches are considered in detail, including the
current 'mirror' approach which ties the domestic 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. The analysis has important
implications for our understanding of fundamental issues including the
interrelationship between public law and private law, the theoretical
and conceptual foundations of human rights law and the law of torts,
the nature and functions of the damages remedy, the connection between
rights and remedies, the intersection of domestic and international
law, and the impact of damages liability on public funds and public
administration. The book was the winner of the 2016 SLS Peter Birks
Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New
Authors Book Prize.
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Produktdetaljer
ISBN
9781782252801
Publisert
2020
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter