Human Rights from a Comparative and International Law Perspective

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Unisa Press, 2007 - 309 pagini
In 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

An Introduction to Comparative
5
The purposes served by comparative
13
Conclusion
22
Determining criteria for classification
28
The Process of Comparison Problems and Pitfalls
36
1
44
The South African model
53
1
65
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
1
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
The relevance of international humanitarian law
219

Introduction to Section
79
The power to override
88
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
77
123
The protection of fundamental rights
125
The Protection of Human Rights in the United States of America
132
The selective incorporation approach
139
The equal protection clause
148
International Human Rights Resources and their Domestic Relevance
225
XV
246
Institutional developments at the regional level
251
Comparable Provisions on Human Rights Guarantees
265
1
269
Right to life
272
Security of the person
283
Socioeconomic rights
294
Index
303
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Termeni și expresii frecvente

Informații bibliografice