Book contents
- Remedies for Human Rights Violations
- Cambridge Studies in Constitutional Law
- Remedies for Human Rights Violations
- Copyright page
- Brief Contents
- Contents
- Acknowledgements
- Table of Cases
- 1 The Importance and Complexity of Remedies
- 1.1 Introduction
- 1.2 Common Issues in Remedies
- 1.3 Methodology: Legal Process and Interactional/Dialogical Approaches
- 1.4 Methodology: Bridging the Gap between Supra-national and National Law
- 1.5 The Relation between Rights and Remedies and Remedial Deterrence
- 1.6 Textual Basis for Ordering Remedies
- 1.7 Conceptualizing Remedial Discretion
- 1.8 Constraints on Remedies: Separation of Powers and Subsidiarity
- 1.9 Constraints on Remedies: Competing Interests and the Role of Proportionality
- 1.10 Conclusion
- Contents
- 2 A Two-Track Approach to Individual and Systemic Remedies
- 3 Interim Remedies
- 4 Remedies for Laws That Violate Human Rights
- 5 Damages
- 6 Remedies in the Criminal Process
- 7 Declarations, Injunctions and the Declaration Plus
- 8 Remedies for Social, Economic and Cultural Rights
- 9 Remedies for Violations of Indigenous Rights
- 10 Conclusion
- Select Bibliography
- Index
Contents
from 1 - The Importance and Complexity of Remedies
Published online by Cambridge University Press: 29 March 2021
- Remedies for Human Rights Violations
- Cambridge Studies in Constitutional Law
- Remedies for Human Rights Violations
- Copyright page
- Brief Contents
- Contents
- Acknowledgements
- Table of Cases
- 1 The Importance and Complexity of Remedies
- 1.1 Introduction
- 1.2 Common Issues in Remedies
- 1.3 Methodology: Legal Process and Interactional/Dialogical Approaches
- 1.4 Methodology: Bridging the Gap between Supra-national and National Law
- 1.5 The Relation between Rights and Remedies and Remedial Deterrence
- 1.6 Textual Basis for Ordering Remedies
- 1.7 Conceptualizing Remedial Discretion
- 1.8 Constraints on Remedies: Separation of Powers and Subsidiarity
- 1.9 Constraints on Remedies: Competing Interests and the Role of Proportionality
- 1.10 Conclusion
- Contents
- 2 A Two-Track Approach to Individual and Systemic Remedies
- 3 Interim Remedies
- 4 Remedies for Laws That Violate Human Rights
- 5 Damages
- 6 Remedies in the Criminal Process
- 7 Declarations, Injunctions and the Declaration Plus
- 8 Remedies for Social, Economic and Cultural Rights
- 9 Remedies for Violations of Indigenous Rights
- 10 Conclusion
- Select Bibliography
- Index
- Type
- Chapter
- Information
- Remedies for Human Rights ViolationsA Two-Track Approach to Supra-national and National Law, pp. 1 - 2Publisher: Cambridge University PressPrint publication year: 2021