| Description |
1 online resource (434 pages) |
| Contents |
Cover; Half-title; Title; Copyright; Preface; Contents; Author Biographies; Part 1: Introduction; 1. The Pluralism of Human Rights Adjudication; I. Method and Scope; II. The Adjudicatory Pluralism of Human Rights; III. Conclusion; Part 2: Proportionality; 2. Constructing the Proportionality Test: An Emerging Global Conversation; 3. Necessity and Proportionality: Towards a Balanced Approach; I. Introduction; II. Two Problems with Strict Necessity; III. Toward a Moderate Interpretation of Necessity; IV. Conclusion |
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4. Proportionality Without Balancing: Why Judicial Ad Hoc Balancing is Unnecessary and Potentially Detrimental to the Realisation of Individual and Collective Self-determinationI. Introduction; II. Why Ad hoc Balancing is Potentially Detrimental to the Realisation of Collective and Individual Self-determination; III. Why Ad hoc Balancing is Unnecessary: A Comparative Perspective; IV. Coming Clean: Proportionality Without Ad hoc Balancing; 5. Proportionality in United States Constitutional Law; I. Introduction; II. The European Proportionality Inquiry; III. Necessity and Balancing |
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IV. Tiered Scrutiny and Variable Intensity of ReviewV. The Historical Origins of Proportionality and Balancing in the US and Germany; VI. Conclusion; Part 3: National Security and Human Rights; 6. 'To the Serious Detriment of the Public': Secret Evidence and Closed Material Procedures; I. Introduction; II. The Importance of Open Justice; III. Balancing Open Justice with Other Public Interests; IV. Exploring Ways to Balance Open Justice and Broader Public Interests; V. Conclusion; 7. National Security Law and the Creep of Secrecy: A Transatlantic Tale; I. Introduction |
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II. The Norwich Pharmacal Jurisdiction in English LawIII. The Binyam Mohamed Case; IV. Reactions to Binyam Mohamed; V. National Security Litigation in the US: The Breadth of Secrecy; VI. A Clash of Legal Cultures; VII. The Wider Impact of the Norwich Pharmacal Issue; VIII. Conclusion; 8. Navigating the Shoals of Secrecy: A Comparative Analysis of the Use of Secret Evidence and 'Cleared Counsel' in the United States, the United Kingdom, and Canada; I. Introduction; II. The Processes Explained; III. Applicable Principles; IV. Identifying 'Best Practices'; V. Common Problems; VI. Conclusion |
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9. The Secret Keepers: Judges, Security Detentions, and Secret EvidenceI. Introduction; II. Security Detentions, Secrecy and Judicial Review; III. Security Detentions in Israel; IV. Reasoning Rights: Balancing Security and Liberty in the Shadows of Secrecy; V. Realising Rights: The Outcomes of Judicial Review Relating to the Named Individuals; VI. Between Reasoning Rights and Realising Rights: Jaber Mamduch Aberah v IDF Commander in the West Bank; VII. The Secret Keepers: Behind the Closed Doors of the Judicial Management Model; VIII. Judicial Management vs Special Advocates; IX. Conclusion |
| Summary |
This book explores the question: why are notionally universal norms reasoned by courts in such dramatically different ways? What is the shape of this reasoning; what techniques are common across the transnational jurisprudence; and what are diverse? |
| Notes |
Part 4: Religion and Human Rights |
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Print version record |
| Form |
Electronic book
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| Author |
McCrudden, Christopher
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Bowles, Nigel
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| ISBN |
9781849468145 |
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1849468141 |
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