1st Edition

Human Rights Controversies The Impact of Legal Form

By Luke McNamara Copyright 2007
318 Pages
by Routledge-Cavendish

320 Pages
by Routledge-Cavendish

320 Pages
by Routledge-Cavendish

Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of... Read more

Introduction: Universal Human Rights in a World of Localities.  The Legal Protection of Human Rights: Rolling Back an Established Human Right: 'Reforming' the Rule Against Double Jeopardy.  Pushing the Boundaries of Human Rights Protection: Equality and the Recognition of Same Sex Relationships.  Balancing 'Competing' Human Rights: Drawing the Free Speech/Hate Speech Line.  Conclusions: Does Legal Form Matter?

Biography

Luke McNamara is Professor and Dean of the Faculty of Law, University of Wollongong, Australia.

"as a descriptive account of the provesses and outcomes of claims and discourse surrounding the three cases in the four chosen jurisdictions, this book is of great interest." -Don Crewe, Int J Semiot Law, August 2008