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

Format:

Book

Contributor:

Halliday, Simon, 1966- editor.

Schmidt, Patrick D. (Patrick Delbert), 1971- editor.

Series:

Human rights law in perspective ; v. 3.

Human rights law in perspective ; v. 3

Language:

English

Subjects (All):

Great Britain. Human Rights Act 1998.

Great Britain.

Human rights--Europe.

Human rights.

Human rights--Great Britain.

Physical Description:

1 online resource (292 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2004.

Language Note:

English

Summary:

"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.

Contents:

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.

Notes:

Papers from a seminar series held at the Centre for Socio-Legal Studies at Oxford University.

Includes bibliographical references (pages [257]-273) and index.

ISBN:

9786610808915

9781472563071

1472563077

9781280808913

1280808918

9781847311665

1847311660

OCLC:

476005110