Human Rights from a Comparative and International Law PerspectiveIn terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries. |
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Cuprins
Introduction to Comparative Law Concept History and Purpose | 5 |
The purposes served by comparative law | 13 |
Conclusion | 22 |
Determining criteria for classification | 28 |
Conclusion | 34 |
The Process of Comparison Problems and Pitfalls | 36 |
On Mixed and Mixing The South African Model and its Future Development | 47 |
Multiculturalism and the Constitution | 65 |
The equal protection clause | 148 |
Protective mechanisms for fundamental rights | 154 |
The Application of International Law and the South African Constitution | 163 |
The Act of State doctrine and state immunity | 173 |
The importance of treaty law | 180 |
The interpretation clause and the role of international law | 194 |
The interpretation approach of the South African courts and the requirement to consider | 201 |
The need to consider foreign law and public international law | 214 |
Introduction to Section B | 79 |
The Canadian Charter of Rights and Freedoms | 86 |
The enforcement of the Charter of Rights and Freedoms | 92 |
The Protection of Human Rights in Germany | 99 |
Some specific fundamental rights | 107 |
The Protection of Human Rights in India | 113 |
The enforcement of fundamental rights in terms of Article 226 | 119 |
The protection of fundamental rights | 125 |
The Protection of Human Rights in the United States of America | 132 |
The selective incorporation approach | 139 |
The relevance of international humanitarian law | 219 |
International Human Rights Resources and their Domestic Relevance | 225 |
Institutional developments at the regional level | 251 |
Comparable Provisions on Human Rights Guarantees | 265 |
Right to life | 272 |
Security of the person | 283 |
Socioeconomic rights | 289 |
The right to an effective remedy | 295 |
| 303 | |
Termeni și expresii frecvente
accordance action adopted Amendment application approach Article authority basic Bill of Rights bodies Charter civil Commission Commi ee common law comparative law concept concerned considered Constitution context Convention countries Covenant culture customary decision determining different domestic effect enforcement equality established European example Federal first force foreign freedom fundamental rights further German groups guarantees held historical human rights immunity important India indigenous individual institutions interest international law interpretation involved issue jurisdiction Justice legal systems legislation limited ma er means measures mixed nature norms object obligations op cit particular parties person political practice present principles problems procedure protection Protocol provisions question reasonable recognised reference regard relating relevant remedies reports Republic reservations respect rule social society sources South African statute Supreme Court torture tradition treaty United values various violation
Informații bibliografice
| Titlu | Human Rights from a Comparative and International Law Perspective |
| Autori | Joan Church, Christian Schulze, Hennie Strydom |
| Editor | Unisa Press, 2007 |
| ISBN | 1868883612, 9781868883615 |
| Lungime | 309 pagini |
| Exportă citatul | BiBTeX EndNote RefMan |