Judges, Transition, and Human Rights

by Morison, John; McEvoy, Kieran; Anthony, Gordon

• ISBN13: 9780199204939
• ISBN10: 0199204934
• Format: Hardcover
• Copyright: 2007-05-24
• Publisher: Oxford University Press

Summary

This book brings together many of the most prominent contemporary national and international human rights and transitional justice scholars in one collection. The book focuses on the intersection between judges, transitional processes and human rights discourses. It unites doctrinal, socio-legal and criminological perspectives on a range of topics including the judicial construction of national and supra-national constitutions, the role of human rights discourses in transition from conflict, and in a range of sites in more 'settled' societies. The book draws upon comparative experiences in South Africa, Canada, the USA, Britain, Ireland, the Balkans, the Weimar Republic, Northern Ireland, the Republic of Ireland and elsewhere. It also situates that analysis within supra-national and sub national frameworks.

Table of Contents

List of Contributors	p. xiii
Tables of Cases	p. xv
Tables of Legislation	p. xxv
Table of Treaties and Conventions	p. xxxi
Judges, Transition, and Human Rights: Essays in Memory of Stephen Livingstone	p. 1
Judges
Separation of Powers in a Global Context	p. 9
The European Court of Human Rights as a 'Constitutional Court': Definitional Debates and the Dynamics of Reform	p. 33
The Scope of the Right to a Fair Trial Guarantee in Non-Criminal Cases in the Eutopean Convention on Human Rights	p. 55
Deference Owed Under the Separation of Powers	p. 73
Judicial Policy in a Transforming Constitution	p. 91
Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland?	p. 105
Transition
The Battle for Transitional Justice: Hegemony, Iraq, and International Law	p. 147
Human Rights and Conflict Resolution	p. 167
Habits of Mind and 'Truth-Telling': Article 2 ECHR in Post-Conflict Northern Ireland	p. 181
The Impact of the Human Rights Act in Northern Ireland	p. 201
Dangerous Constitutional Moments: The 'Tactic of Legality' in Nazi Germany and the Irish Free State Compared	p. 223
Ireland, the European Convention on Human Rights, and the Personal Contribution of Sean MacBride	p. 251
Mobilizing the Professions: Lawyers, Politics, and the Collective Legal Conscience	p. 275
Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities	p. 315
Human Rights
The Relationship Between Parliaments and National Human Rights Institutions	p. 357
A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror	p. 377
Linking Human Rights and Other Goals	p. 401
Corporations, Human Rights, and Social Inequality	p. 423
Constitutionalism, Deliberative Democracy, and Human Rights	p. 443
Reshaping Constitutionalism	p. 467
Human Rights and Women's Rights: The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship	p. 479
'In the Small Places': Education and Human Rights Culture in Conflict-Affected Societies	p. 495
Protecting the Marginalized?	p. 515
Risk and Human Rights: Ending Slopping Out in a Scottish Prison	p. 535
Index	p. 559
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