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Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Print Price: $94.50

Format:
Paperback
600 pp.
156 mm x 234 mm

ISBN-13:
9780199204946

Publication date:
March 2007

Imprint: OUP UK


Judges, Transition, and Human Rights

Edited by John Morison, Kieran McEvoy and Gordon Anthony

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 in particular on the intersection between judges, transitional processes and human rights discourses. It brings together 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 indeed subnational frameworks.

Readership : Academics, scholars, and advanced students of International Human Rights Law, Comparative Law and Politics, International Relations, Peace Studies, and Conflict Resolution

1. John Morison, Kieran McEvoy, Gordon Anthony: Judges, Transition and Human Rights
I Judges
2. Martin S. Flaherty: Judicial Globalisation in the Service of Self-Government
3. Robert Harmsen: The European Court of Human Rights as a <"Constitutional Court>": Definitional Debates and the Dynamics of Reform
4. David Harris: The Scope the Right to a Fair Trial Guarantee in Non-Criminal Cases in the European Convention on Human Rights
5. Tom Zwart: Deference Owed Under the Separation of Powers
6. Hugh Corder: Judicial Policy in a Transforming Constitution
7. John Morison, Marie Lynch: Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland
II Transition
8. Christine Bell, Colin Campbell, Fionnuala Ni Aolain: The Battle for Transititional Justice: Hegemony, Iraq, and International Law
9. Tom Hadden: Human Rights and Conflict Resolution
10. Gordon Anthony, Paul Mageean: Habits of Mind and 'Truth-Telling': Article 2 ECHR in Post-Conflict Northern Ireland
11. Brice Dickson: The Impact of the Human Rights Act in Northern Ireland
12. Gerard Quinn: Dangerous Constitutional Moments: The Tactic of Legality in Nazi Germany and the Irish Free State Compared
13. William Schabas: Ireland, The European Convention on Human Rights, and the Personal Contribution of Sean MacBride
14. Kieran McEvoy, Rachel ReBouche: 'Mobilizing the Professions': Lawyers, Politics, and the Collective Legal Conscience
15. Chris McCrudden: Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities
III Human Rights
16. Rachel Murray: The Relationship Between Parliaments and National Human Rights Institutions
17. Maggie Beirne, Angela Hegarty: A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror
18. Kevin Boyle: Linking Human Rights and other Goals
19. Sally Wheeler: Corporations, Human Rights, and Social Inequality
20. David Feldman: Constitutionalism, Deliberative Democracy, and Human Rights
21. Murray Hunt: Reshaping Constitutionalism
22. Elizabeth Meehan: Human Rights and Women's Rights: The Appeal to an International Agenda in the Promotion of Women's Equal Citizenship
23. Lesley McEvoy, Laura Lundy: In the Small Places: Education and Human Rights Culture in Conflict-Affected Societies
24. Colin Harvey: Protecting the Marginalized?
25. Therese Murphy, Noel Whitty: Risk and Human Rights: Ending Slopping Out in a Scottish Prison

There are no Instructor/Student Resources available at this time.

John Morison is Professor of Jurisprudence and Head of the School of Law at Queens University Belfast. He has written widely in the fields of public law and legal theory. Kieran McEvoy is Professor of Law and Transitional Justice and Director of the Institute of Criminology and Criminal Justice, School of Law Queens University Belfast. He has written widely in the fields of criminology, conflict transformation and transitional justice. Dr Gordon Anthony is a Senior Lecturer in Law, School of Law Queens University Belfast. He has published widely in the fields of public law and human rights.

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Special Features

  • Features interdisciplinary analysis drawing on human rights, politics, international relations, and peace and conflict studies
  • Includes contributions from some of the most prominent contemporary national and international human rights and transitional scholars
  • Draws on comparative experiences in South Africa, Canada, the USA, Britain, East Timor, Israel\Palestine, the Balkans, the Weimar Republic in Germany, the Irish Free State (and Republic of Ireland) and Northern Ireland