Bøger i Human Rights Law in Perspective serien

This book focuses on a series of judgments by the UK's Supreme Court on the application of the right to respect for family life, contained in article 8 ECHR, to immigration decisions. These judgments have required the government to amend several aspects of its family migration policy and have become the centre of legal and political controversy, raising questions about the judicial function in a modern democracy, the influence on the legal system of European human rights law and the difficulties of controlling immigration in a globalised world. They have drawn judges into new territory and there is evidence that the senior judiciary is itself divided. Meanwhile, attempts by the government to reverse these judgments through rule changes and legislative amendment have added new layers to an already complex legal framework. In so doing, the book explains why the relationship between Article 8 and immigration is so legally and political complicated.

This monograph explores some of the conceptual issues which underpin the legal disputes which arise in relation to equality and discrimination.

This book focuses on the circumstances in which the courts can and should give effect to the socio-economic rights of children.

This book conceptualises European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

This collection examines the role and value of domestic rights instruments in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective.

This book is a comparative analysis of the domestic cause of action for breach of constitutional rights giving rise to a monetary remedy.

This book examines the emergence of a human rights culture by considering the issues surrounding the effective implementation of human rights.

This collection of essays, written by a range of distinguished socio-legal scholars, explores human rights in domestic legal systems.

This book examines of the case law of the European Court of Human Rights and UK courts on the issue of property law, and it's future direction.

This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.

This book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights.

This book presents careful analysis and empirical research on the increasingly important topic of group rights.

This book demonstrates how boundaries of judicial intervention in socio economic disputes have been altered by the extension of judicial powers.

This book examines the National Human Rights Institutions in Africa, in terms of how they operate and their effectiveness.

This book supasses the existing scholarship on transitional justice, emphasising the need for bespoke solutions to different transitions.

The focus of Making Rights Real is on the extent to which the Human Rights Act, 1998, has delivered on the promise to 'bring rights home'.

This book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise.

This book aims to bolster the burgeoning discourse of health and human rights and charts the history of the linkage between health and human rights.