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              Books in the Routledge Research in Human Rights Law series

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              Human Rights, Constitutional Law and Belonging: The Right to Equal Belonging in a Democratic Society

              Human Rights, Constitutional Law and Belonging: The Right to Equal Belonging in a Democratic Society (Hardback)

              By Drymiotou, Elena

              • RRP: $282.00
              • $282.00
              • In Stock At Publisher

              While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most in...fluential theories for the suggested one. However, they are not the same. Elena Drymiotou suggests to understand the right to equal protection of the laws right in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions, and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. a Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, constitutional law, and legal theory.
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              ISBN 9781138298903
              Released NZ 30 Apr 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              In stock at publisher; ships 6-12 working days
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              Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories

              Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories (Hardback)

              Edited by Flynn, Eilionoir; Arstein-Kerslake, Anna; de Bhailis, Cliona; Serra, Maria Laura

              • RRP: $294.00
              • $294.00
              • In Stock At Publisher

              This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Co...nvention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers' experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.
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              ISBN 9781138298910
              Released NZ 25 Jul 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              In stock at publisher; ships 6-12 working days
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              Comparative Executive Clemency: The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective

              Comparative Executive Clemency: The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective (Paperback)

              By Novak, Andrew

              • RRP: $93.99
              • $93.99
              • In Stock At Publisher

              Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as ...a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself.a This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
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              ISBN 9780815355366
              Released NZ 21 Dec 2017
              Publisher Taylor & Francis Inc
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              In stock at publisher; ships 6-12 working days
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              Human Rights Education and the Politics of Knowledge

              Human Rights Education and the Politics of Knowledge (Paperback)

              By Coysh, Joanne

              • RRP: $91.99
              • $91.99
              • In Stock At Publisher

              Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal human rights speak using ...messages and symbols which make them relevant to people's daily lives and culturally resonant. However, an alternative more radical perspective is that these processes should engage individuals in modes of critical inquiry into the ways that that existing power structures maintain the status quo and control not only how we understand and speak about social inequality and injustice, but also act on it. This book is a critical inquiry into the production, distribution and consumption of HRE and how the discourse is constructed historically, socially and politically through global institutions and local NGO practice. The book begins with the premise that HRE is composed of theories of human rights and education, both of which are complex and multifaceted. However, the book demonstrates how over time a dominant discourse of HRE, constructed by the United Nations institutional framework, has come to prominence and the ways it is reproduced and reinforced through the practice of intermediary NGOs engaged in HRE activities with community groups. Drawing on socio-legal scholarship it offers a new theoretical and political framework for addressing how human rights, pedagogy, knowledge and power can be analysed between the global and local by connecting the critical, but well-trodden, theories of human rights to insights on critical pedagogy. It uses critical discourse analysis and ethnographic research to investigate the practice of NGOs engaged in HRE using contextual evidence and findings from fieldwork with NGOs and communities in Tanzania.
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              ISBN 9780367075989
              Released NZ 18 Oct 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              In stock at publisher; ships 6-12 working days
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              Human Rights Education and the Politics of Knowledge
               

              Human Rights Education and the Politics of Knowledge (Hardback)

              By Coysh, Joanne

              • RRP: $294.00
              • $294.00
              • To Order/ Indent titles

              Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal human rights speak using ...messages and symbols which make them relevant to people's daily lives and culturally resonant. However, an alternative more radical perspective is that these processes should engage individuals in modes of critical inquiry into the ways that that existing power structures maintain the status quo and control not only how we understand and speak about social inequality and injustice, but also act on it. This book is a critical inquiry into the production, distribution and consumption of HRE and how the discourse is constructed historically, socially and politically through global institutions and local NGO practice. The book begins with the premise that HRE is composed of theories of human rights and education, both of which are complex and multifaceted. However, the book demonstrates how over time a dominant discourse of HRE, constructed by the United Nations institutional framework, has come to prominence and the ways it is reproduced and reinforced through the practice of intermediary NGOs engaged in HRE activities with community groups. Drawing on socio-legal scholarship it offers a new theoretical and political framework for addressing how human rights, pedagogy, knowledge and power can be analysed between the global and local by connecting the critical, but well-trodden, theories of human rights to insights on critical pedagogy. It uses critical discourse analysis and ethnographic research to investigate the practice of NGOs engaged in HRE using contextual evidence and findings from fieldwork with NGOs and communities in Tanzania.
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              ISBN 9781138779112
              Released NZ 6 Feb 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              Indent title (sourced internationally), usually ships 4-6 weeks post release/order
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              Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders
               

              Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders (Hardback)

              By McAdam, Marika

              • RRP: $294.00
              • $294.00
              • To Order

              Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the c...laimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate, and freedom from the religions of their parents.
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              ISBN 9781138632967
              Released NZ 9 Nov 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              Indent title (internationally sourced), usually ships 4-6 weeks
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              Research Methods for International Human Rights Law: Beyond the traditional paradigm

              Research Methods for International Human Rights Law: Beyond the traditional paradigm (Hardback)

              Edited by Gonzalez-Salzberg, Damian; Hodson, Loveday

              • RRP: $282.00
              • $282.00
              • Delayed Release

              The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an a...rray of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
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              ISBN 9781138603554
              Released NZ 26 Jul 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
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              Human Rights Law and Personal Identity
               

              Human Rights Law and Personal Identity (Paperback)

              By Marshall, Jill

              • RRP: $89.99
              • $89.99
              • To Order/ Indent titles

              This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human... freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.
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              ISBN 9781138683266
              Released NZ 21 Apr 2016
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
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              The ECHR and Human Rights Theory: Reconciling the Moral and the Political Conceptions
               

              The ECHR and Human Rights Theory: Reconciling the Moral and the Political Conceptions (Hardback)

              By Zysset, Alain

              • RRP: $294.00
              • $294.00
              • To Order/ Indent titles

              The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between legal theory and the practice of the ECHR. In order to do so it tests the two overarching approaches in human right...s theory literature, the moral and the political, against the practice of the ECHR 'system. The book addresses both the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution and the history of the very concept of rights in the history of moral and political ideas. The book offers a democratic defense of the ECtHR's authority. It illustrates how a conception of democracy - more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level - can illuminate the reasoning of the Court including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the ECtHR's authority, its prominent status in the domestic legal orders reinforces the democratic process within State Parties and thereby consolidating our status as political equals in those legal and political orders.
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              ISBN 9781138641037
              Released NZ 21 Oct 2016
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
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              The European Court of Human Rights in the Post-Cold War Era: Universality in Transition
               

              The European Court of Human Rights in the Post-Cold War Era: Universality in Transition (Paperback)

              By Sweeney, James A.

              • RRP: $79.99
              • $79.99
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              This title examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. It analyses how the Court has responded to the difficult circumstances presented ...by the new contracting parties.
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              ISBN 9781138809659
              Released NZ 23 Jun 2014
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Human Rights Law
              Availability
              Indent title (sourced internationally), usually ships 4-6 weeks post release/order
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