Description
Remedies for Human Rights Violations
A Two-Track Approach to Supra-national and National Law
Cambridge Studies in Constitutional Law Series
Author: Roach Kent
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Language: EnglishSubject for Remedies for Human Rights Violations:
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Remedies for Human Rights Violations
Publication date: 04-2021
450 p. · 16x24 cm · Hardback
Publication date: 04-2021
450 p. · 16x24 cm · Hardback
Remedies for Human Rights Violations
Publication date: 04-2021
450 p. · 15.3x23 cm · Paperback
Publication date: 04-2021
450 p. · 15.3x23 cm · Paperback
Description
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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.
1. The importance and complexity of remedies; 2. A two-track approach to individual and systemic remedies; 3. Interim remedies; 4. Remedies for laws that violate human rights; 5. Damages; 6. Remedies in the criminal process; 7. Declarations, injunctions and the declaration plus; 8. Remedies for social, economic and cultural rights; 9. Remedies for violations of indigenous rights; Conclusion.
Kent Roach holds the Prichard Wilson Chair in Law and Public Policy at the University of Toronto in Canada He has written fifteen books including Constitutional Remedies in Canada (1994) and 2nd ed (2013) and The 9/11 Effect Comparative Counter-Terrorism (2011). His work on remedies has been widely cited by courts. Acting pro-bono he has been counsel in many of the Supreme Court of Canada's landmark decisions on remedies for rights violations.
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