Human Rights Controversies: The Impact of Legal Form by Luke McnamaraHuman Rights Controversies: The Impact of Legal Form by Luke Mcnamara

Human Rights Controversies: The Impact of Legal Form

byLuke McnamaraEditorLuke Mcnamara

Paperback | August 6, 2007

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Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of rights?

Comparative socio-legal examination of three recent controversies - double jeopardy reform, recognition of same-sex relationships and the operation of hate speech laws - in four countries - Australia, Canada, New Zealand and the United Kingdom provides answers to these questions.

Examination of these controversies suggests that differences in the design of domestic legal institutions and procedures for the injection of human rights values into legal decision-making processes can have a powerful effect on the manner in which human rights issues are constructed, handled and resolved.

Luke McNamara is Professor and Dean of the Faculty of Law, University of Wollongong, Australia.
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Title:Human Rights Controversies: The Impact of Legal FormFormat:PaperbackDimensions:320 pages, 9.21 × 6.14 × 0.8 inPublished:August 6, 2007Publisher:Taylor and FrancisLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0415420385

ISBN - 13:9780415420389

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Table of Contents

Introduction: Universal Human Rights in a World of Localities.  The Legal Protection of Human Rights: Rolling Back an Established Human Right: 'Reforming' the Rule Against Double Jeopardy.  Pushing the Boundaries of Human Rights Protection: Equality and the Recognition of Same Sex Relationships.  Balancing 'Competing' Human Rights: Drawing the Free Speech/Hate Speech Line.  Conclusions: Does Legal Form Matter?