Human rights brought home : socio-legal perspectives on human rights in the national context / / edited by Simon Halliday and Patrick Schmidt

• Record Nr.: UNINA9910784277903321
• Pubbl/distr/stampa: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2004
• ISBN: 1-4725-6307-7; 1-280-80891-8; 9786610808915; 1-84731-166-0
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (292 p.)
• Collana: Human rights law in perspective ; ; v. 3
• Disciplina: 341.48094
• Soggetti: Human rights - Europe; Human rights - Great Britain
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Papers from a seminar series held at the Centre for Socio-Legal Studies at Oxford University.
• Nota di bibliografia: Includes bibliographical references (pages [257]-273) and index.
• Nota di contenuto: Introduction : socio-legal perspectives on human rights in the national context / Patrick Schmidt and Simon Halliday -- Implementing human rights / Denis Galligan and Deborah Sandler -- France, the UK, and the 'boomerang' of the internationalisation of human rights (1945-2000) / Mikael Rask Madsen -- 'We've had to raise our game': liberty's litigation strategy under the Human Rights Act 1998 / Richard J. Maiman -- Implementing the Human Rights Act into the courts in England and Wales : culture shift or damp squib? / John Raine and Clive Walker -- The effectiveness of national human rights institutions / Stephen Livingstone and Rachel Murray -- When do rights matter? A case study of the right to equal treatment in Sweden / Reza Banakar -- Human rights and French criminal justice : opening the door to pre-trial defence rights / Jacqueline Hodgson -- The millennium blip : the Human Rights Act 1998 and local government / Luke Clements and Rachel Morris -- Empowering children? Legal understandings and experiences of rights in the Scottish children's hearings system / Anne Griffiths and Randy Frances Kandel.
• Sommario/riassunto: "What practical impact does the incorporation of international human ; rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement."--Bloomsbury Publishing.