Judicial Comparativism in Human Rights Cases: Uknccl Volume 22 Esin Orucu

ISBN: 9780904281187

Published: September 1st 2003

Paperback

255 pages


Description

Judicial Comparativism in Human Rights Cases: Uknccl Volume 22  by  Esin Orucu

Judicial Comparativism in Human Rights Cases: Uknccl Volume 22 by Esin Orucu
September 1st 2003 | Paperback | PDF, EPUB, FB2, DjVu, talking book, mp3, ZIP | 255 pages | ISBN: 9780904281187 | 8.33 Mb

In our globalizing world, can we talk of a common law or ius commune of human rights? Is such a common law being developed by our judges in conversation with judges from foreign jurisdictions and from the European Court of Human Rights? Can this beMoreIn our globalizing world, can we talk of a common law or ius commune of human rights? Is such a common law being developed by our judges in conversation with judges from foreign jurisdictions and from the European Court of Human Rights? Can this be the new natural law? These and other questions are addressed in this volume through the experiences of England, France, Germany, Russia, Scotland, Turkey, South Africa, and the European Court of Justice and the European Court of Human Rights.

This volume also looks at why and how far judges are employing the comparative approach, the legitimacy of this approach, and the question of whether comparativism is an interpretative aid, functional or ornamental. Invaluable for comparative lawyers, comparative constitutional lawyers, human rights lawyers, law students and lawyers engaged in transnational issues in the area of human rights, this book addresses issues such as defining where globalism ends and localism begins, and whether ther



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