Combining perspectives from law and the social sciences, this book provides an account of the origins and evolution of six regional human rights courts. In each of these cases, judges sought to overcome political forces and legal obstacles that threatened to render the regime stillborn. Alec Stone Sweet and Wayne Sandholtz focus on the struggle to raise standards of rights protection within multi-level "transnational systems of justice." A transnational system of justice is comprised of three components: a charter of rights; a court tasked with enforcing the charter; and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the law and politics of such systems in diverse areas, including torture, inhuman treatment, non-discrimination, due process and access to justice, free expression, privacy and family, and other freedoms. In some cases, state officials have at times strongly supported enhancing the effectiveness of rights protections. In others, the activities of the courts have generated significant political "backlash," leading state officials to act to curb the court's authority, or to exit the regime altogether. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.
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The book describes and analyzes the law and politics of international human rights courts, focusing on the extent to which the courts have strengthened the protection of human rights in international and national systems, and at times, have engendered political backlash against their efforts.
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1: Introduction
2: The European Court of Human Rights
3: The Inter-American System of Human Rights
4: The African Regional Courts
5: Absolute Rights
6: The Qualified Rights
7: The Dilemma of Effectiveness
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Alec Stone Sweet is Sir Y. K. Pao Chair at the University of Hong Kong, and has previously held chaired professorships at the National University of Singapore, Yale University, and Nuffield College, Oxford. He works in the fields of comparative and international law, and comparative and international politics, with a focus on dispute resolution, law, and courts.
Wayne Sandholtz holds the John A. McCone Chair and is Professor of International Relations and Law at the University of Southern California. His research addresses human rights treaties and courts, international norms, authoritarianism, and the rule of law.
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Explores the origins and evolution of human rights courts from both the legal studies and social sciences perspective
Provides a comparative framework for the study of every regional human rights system around the world
Examines and evaluates attempts by leading state officials to curb the authority of human rights courts
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Produktdetaljer
ISBN
9780198925507
Publisert
2024
Utgiver
Vendor
Oxford University Press
Vekt
470 gr
Høyde
235 mm
Bredde
156 mm
Dybde
16 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
304