An innovative book that provides fresh insights into the neglected
field of remedies in both international and domestic human rights law.
Providing an overarching two-track theory, it combines remedies to
compensate and prevent irreparable harm to litigants with a more
dialogic approach to systemic remedies. It breaks new ground by
demonstrating how proportionality principles can improve remedial
decision-making and avoid reliance on either strong discretion or
inflexible rules. It draws on the latest jurisprudence from the
European and Inter-American Courts of Human Rights and domestic courts
in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the
United Kingdom and the United States. Separate chapters are devoted to
interim remedies, remedies for laws that violate human rights,
damages, remedies in the criminal process, declarations and
injunctions in institutional cases, remedies for violations of social
and economic rights and remedies for violations of Indigenous rights.
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A Two-Track Approach to Supra-national and National Law
Produktdetaljer
ISBN
9781108286978
Publisert
2021
Utgiver
Cambridge University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter