03703cam a2200457 i 4500
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2020-01-01
Purchased
1495.00
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341.481 FRE
37896
2024-03-28
2024-03-25
2020-01-01
BK
115821
115821
20595308
OSt
20200101090648.0
180723t20182018enk b 001 0 eng d
2018952547
GBB8H1403
bnb
019054646
Uk
9780199689415
(paperback)
0199689415
(paperback)
9780199689408
(hardback)
0199689407
(hardback)
(OCoLC)on1048947097
YDX
eng
YDX
rda
BDX
UKMGB
OCLCO
ERASA
OCLCF
L2U
GRU
GUL
TJC
RCJ
YDXIT
CLU
DLC
lccopycat
K3240
.F733 2018
341.481 FRE
23
Fredman, Sandra,
author.
Comparative human rights law /
Sandra Fredman.
First edition.
Oxford, United Kingdom ;
New York, NY :
Oxford University Press,
2018.
©2018
xxxvi, 476 pages ;
26 cm
text
txt
rdacontent
unmediated
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rdamedia
volume
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rdacarrier
Includes bibliographical references and index.
Foreign fads or fashions : the role of comparativism in human rights law -- What is a human right? : dealing with disagreement -- Challenging the divide : socio-economic rights as human rights -- Allies or subversives? : adjudication and democracy -- Interpreting human rights law -- Capital punishment -- Abortion -- The right to health -- The rights to housing -- Freedom of speech -- The right to education -- Freedom of religion.
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.--
Source other than Library of Congress.
Human rights.
Social rights.
Civil rights.
Human rights.
fast
(OCoLC)fst00963285
7
cbc
copycat
2
epcn
20
y-gencatlg
ddc
BK