Ireland and the European Convention on Human Rights: 60 Years and Beyond

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Author :
Publisher : Bloomsbury Professional
ISBN 13 : 9781780434728
Total Pages : 0 pages
Book Rating : 4.4/5 (347 download)

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Book Synopsis Ireland and the European Convention on Human Rights: 60 Years and Beyond by : Suzanne Egan

Download or read book Ireland and the European Convention on Human Rights: 60 Years and Beyond written by Suzanne Egan and published by Bloomsbury Professional. This book was released on 2014-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book 2013 marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law. The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR. The impact of the ECHR in Irish law is a particularly rich subject for analysis, given the strong tradition of rights review by the Irish judiciary in interpreting the fundamental rights guarantees in the Irish Constitution. While the Irish statute is superficially similar to the Human Rights Act in the United Kingdom, the context in which it operates is radically different, given the pre-eminent role of the Irish Constitution in shaping domestic human rights law. As well as outlining the specific domestic context in which the ECHR operates in Ireland, the book also includes comparative insights from the United Kingdom context as to the impact of the Human Rights Act to date in that jurisdiction. Additional themes of the book include the development of ECHR jurisprudence and its effects in the domestic setting on asylum, immigration, criminal justice, children, mental health patients, gender recognition and the limits and potential of the ECHR as regards combating poverty.

European Convention on Human Rights

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Author :
Publisher :
ISBN 13 : 9788177082968
Total Pages : 0 pages
Book Rating : 4.0/5 (829 download)

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Book Synopsis European Convention on Human Rights by : B. Krishnamurthy

Download or read book European Convention on Human Rights written by B. Krishnamurthy and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe claims to have historically and traditionally developed a human rights culture, along with an adherence to liberalism. Several European scholars have attempted to contest, criticize, and challenge the fundamental rights and the system perpetuated to promote and protect them, with the sole aim of strengthening and reinforcing these rights. This book examines and evaluates the contribution of the European human rights regime, established 60 years ago under the auspices of Council of Europe. The contributions by scholars from India and Europe cover different aspects of this experience and its outcome.

The European Convention on Human Rights in Ireland

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Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (822 download)

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Book Synopsis The European Convention on Human Rights in Ireland by :

Download or read book The European Convention on Human Rights in Ireland written by and published by . This book was released on 2010 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Human Rights: Perspectives from Ireland

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Publisher : Bloomsbury Publishing
ISBN 13 : 178451067X
Total Pages : 448 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis International Human Rights: Perspectives from Ireland by : Suzanne Egan

Download or read book International Human Rights: Perspectives from Ireland written by Suzanne Egan and published by Bloomsbury Publishing. This book was released on 2015-12-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights: Perspectives from Ireland examines Ireland's engagement with, and influence of, the international human rights regime. International human rights norms are increasingly being taken into account by legislators, courts and public bodies in taking decisions and implementing actions that impact on human rights. Featuring chapters by leading Irish and international academic experts, practitioners and advocates, the book combines theoretical as well as practical analysis and integrates perspectives from a broad range of actors in the human rights field.

ECHR and Irish Law

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Author :
Publisher : Jordan Publishing (GB)
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis ECHR and Irish Law by : Ursula Kilkelly

Download or read book ECHR and Irish Law written by Ursula Kilkelly and published by Jordan Publishing (GB). This book was released on 2004 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: ECHR and Irish Law is a major new work examining the likely impact of the European Convention on Human Rights Act 2003 on Irish law. The work begins with a discussion of the way in which the ECHR has been incorporated into Irish law and compares this with other models, including the UK, and examines the possibilities as well as limitations of this particular form of incorporation. The ways in which the Act will operate in practice and the remedies available for breach are examined in detail. There follows an examination of the likely effect of the new Act upon individual areas of Irish law, examining the current compatibility of existing structures and the possibilities for raising Convention issues in these areas. Individual areas of law covered in this new book include: refugee law; child and family law; detention and custody; discrimination; criminal law; privacy and the media; and property, housing and environment. Written by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and the likely impact on Irish Law, with a detailed analysis of relevant ECHR case law.

Kelly: The Irish Constitution

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Publisher : Bloomsbury Publishing
ISBN 13 : 1784516678
Total Pages : 3040 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Kelly: The Irish Constitution by : Gerard Hogan

Download or read book Kelly: The Irish Constitution written by Gerard Hogan and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 3040 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.

Reframing Human Rights in a Turbulent Era

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Publisher : Oxford University Press
ISBN 13 : 019264033X
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Reframing Human Rights in a Turbulent Era by : Gráinne de Búrca

Download or read book Reframing Human Rights in a Turbulent Era written by Gráinne de Búrca and published by Oxford University Press. This book was released on 2021-03-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.

Great Debates on the European Convention on Human Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509958657
Total Pages : 316 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Great Debates on the European Convention on Human Rights by : Fiona de Londras

Download or read book Great Debates on the European Convention on Human Rights written by Fiona de Londras and published by Bloomsbury Publishing. This book was released on 2018-03-16 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This engaging textbook provides a critical analysis of the legitimacy and effectiveness of the European Convention on Human Rights and its practical operation. In a succinct way, the book investigates questions around the legitimacy of how the European Court of Human Rights develops its law, the obligations of states to comply with its judgments, the adequacy of the Convention in securing basic goods, and the effectiveness of the system in protecting rights 'in the real world'. It assesses some under-explored areas of the Convention that are often overlooked. Presenting a number of debates about the legitimacy and effectiveness of the system in a provocative and critical style, this book encourages debate, discussion, and self-reflection on how, when and why the Convention protects human rights in Europe. An ideal text for Law students at English and Welsh universities and higher education institutions taking a module in The European Convention on Human Rights (LLB or LLM level), and for GDL/CPE students and those taking the postgraduate LPC training course.

The Irish Supreme Court

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Publisher : Oxford University Press
ISBN 13 : 0192512471
Total Pages : 431 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Irish Supreme Court by : Brice Dickson

Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-31 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

Rights-Based Constitutional Review

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784717614
Total Pages : 480 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Rights-Based Constitutional Review by : John Bell

Download or read book Rights-Based Constitutional Review written by John Bell and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

Law and Gender in Modern Ireland

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509917233
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Gender in Modern Ireland by : Lynsey Black

Download or read book Law and Gender in Modern Ireland written by Lynsey Black and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

Socio-Economic Human Rights in Essential Public Services Provision

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317209893
Total Pages : 334 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Socio-Economic Human Rights in Essential Public Services Provision by : Marlies Hesselman

Download or read book Socio-Economic Human Rights in Essential Public Services Provision written by Marlies Hesselman and published by Taylor & Francis. This book was released on 2016-11-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

Russian Discourses on International Law

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Publisher : Routledge
ISBN 13 : 0429679459
Total Pages : 279 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Russian Discourses on International Law by : P. Sean Morris

Download or read book Russian Discourses on International Law written by P. Sean Morris and published by Routledge. This book was released on 2018-09-07 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia’s interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia’s behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.

European Societies, Migration, and the Law

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Publisher : Cambridge University Press
ISBN 13 : 1108857701
Total Pages : 461 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis European Societies, Migration, and the Law by : Moritz Jesse

Download or read book European Societies, Migration, and the Law written by Moritz Jesse and published by Cambridge University Press. This book was released on 2020-11-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

60 Years of the Universal Declaration of Human Rights in Europe

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Author :
Publisher :
ISBN 13 : 9789050958806
Total Pages : 0 pages
Book Rating : 4.9/5 (588 download)

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Book Synopsis 60 Years of the Universal Declaration of Human Rights in Europe by : Vinodh Jaichand

Download or read book 60 Years of the Universal Declaration of Human Rights in Europe written by Vinodh Jaichand and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication - born out of co-operation between 41 universities in the 27 EU countries - is a commentary and a narrative concerning the reception and understanding of the Universal Declaration of Human Rights (UDHR) in the legal and political order of each country on the occasion of the 60th anniversary of the UDHR. In addition, three European regional organizations - the Council of Europe, the European Union, and the Organization of Security and Co-Operation in Europe - contributed to this unique book. The human rights experiences vary, depending on the 'European grouping.' These include: the experience of the original West European countries that created the Council of Europe and later became the European Union * the experience of countries which have been under dictatorship and managed to rid themselves of the yoke of authoritarian rule * the experience of the Central and East European countries that remained so long behind the so-called Iron Curtain * the experience of a number of countries which were placed in a particular historical context in 1948. Each of these counties tells a different story about human rights and democratization, but taken together, this is the 'European Story of Human Rights and Democratization.' This book is unique also from the point of view that it actually compiles a pool of normatively relevant empirical information which is of interest both from the perspective of international law and comparative law. Consequently, the book raises intriguing issues about the binding nature of the UDHR in the domestic legal orders of different countries. Through legal, political, and historical perspectives, all countries and international organizations involved were able to find a suitable methodological approach to the issues raised. The comparisons that can be made on the basis of the different contributions make it possible to state that, from the perspective of today, the European story of human rights is one of diversity within unity.

European Convention on Human Rights Act

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Author :
Publisher : Round Hall Thomson Reuters
ISBN 13 : 9781858005881
Total Pages : 295 pages
Book Rating : 4.0/5 (58 download)

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Book Synopsis European Convention on Human Rights Act by : Fiona De Londras

Download or read book European Convention on Human Rights Act written by Fiona De Londras and published by Round Hall Thomson Reuters. This book was released on 2010-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Key elements include: *The status of the Convention in Irish law; *The relationship between the European Convention on Human Rights Act and the Constitution; *The scope of the 2003 Act, including its territorial scope and the retrospective application of the Act; *The obligation on courts to interpret and apply statutory provisions and rules of law in a manner compatible with the States obligations under the Convention; *The obligation on every organ of the State to perform its functions in a manner compatible with the States obligations under the Convention; *The extent to which Irish courts must take account of the jurisprudence of the European Court of Human Rights; *An analysis of how certain Convention principles such the margin of appreciation and proportionality should be interpreted and applied by the Irish courts; *The availability of damages and injunctive relief under the 2003 Act when there has been a breach of Convention rights; *The requirements for and the implications of the making of a declaration of incompatibility; *The role of the Irish Human Rights Commission and the Attorney General in proceedings under the 2003 Act; *A critical analysis of the impact and effectiveness of the 2003 Act on the Irish legislative processes.

International and European Disability Law and Policy

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108418198
Total Pages : 639 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International and European Disability Law and Policy by : Andrea Broderick

Download or read book International and European Disability Law and Policy written by Andrea Broderick and published by Cambridge University Press. This book was released on 2019-10-31 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first textbook on international and European disability law and policy, analysing the interaction between different legal systems and sources.