Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.
Product Identifiers
Publisher
Oxford University Press
ISBN-13
9780199669301
eBay Product ID (ePID)
129167324
Product Key Features
Subject Area
Civil Service, Constitutional Law
Author
Aruna Sathanapally
Publication Name
Beyond Disagreement: Open Remedies in Human Rights Adjudication
Format
Hardcover
Language
English
Subject
Law
Publication Year
2012
Type
Textbook
Number of Pages
256 Pages
Dimensions
Item Height
241mm
Item Width
162mm
Item Weight
544g
Additional Product Features
Title_Author
Aruna Sathanapally
Country/Region of Manufacture
United Kingdom
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