000 03001cam a2200397Ii 4500
001 1048947097
003 OCoLC
005 20200113155835.0
008 180817s2018 enk b 001 0 eng d
015 _aGBB8H1403
_2bnb
016 7 _a019054646
_2Uk
019 _a1048942427
020 _a0199689415
020 _a9780199689415
_q(paperback)
020 _a9780199689408
_q(hardback)
020 _a0199689407
035 _a.b85778473
035 _a(OCoLC)1048947097
_z(OCoLC)1048942427
040 _aYDX
_beng
_erda
_cYDX
_dBDX
_dUKMGB
_dOCLCO
_dERASA
_dOCLCF
_dL2U
_erda
_dGRU
_dGUL
_dUtOrBLW
049 _aOHLM
050 4 _aK3240
_b.F7435 2018
050 4 _aK3240
_b.F7435 2018
100 1 _aFredman, Sandra,
_eauthor.
_0http://id.loc.gov/authorities/names/n86088384
245 1 0 _aComparative human rights law /
_cSandra Fredman
250 _aFirst Edition
264 1 _aOxford :
_bOxford University Press,
_c2018
264 4 _c©2018
300 _axxxvi, 476 pages ;
_c26 cm
336 _atext
_btxt
_2rdacontent
337 _aunmediated
_bn
_2rdamedia
338 _avolume
_bnc
_2rdacarrier
504 _aIncludes bibliographical references and index
520 8 _aCourts 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. 0Part 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 political0rights. 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
650 0 _aHuman rights.
_0http://id.loc.gov/authorities/subjects/sh85026379
650 0 _aComparative law.
_0http://id.loc.gov/authorities/subjects/sh85029299
999 _c200437176
_d55388