The Judicial Application Of Human Rights Law: National, Regional And International Jurisprudence

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The original human rights concepts articulated in the 1948 Universal Declaration have evolved considerably. Nihal Jayawickrama encapsulates the judicial interpretation of human rights law from all available sources in one comprehensive volume, covering superior court case law of over fifty-five countries, the jurisprudence of the U.N. Human Rights monitoring bodies, the European Court of Human Rights, and the Inter-American system. This definitive compendium will be essential for legal practitioners, government and non-governmental officials, and academics and students of constitutional law and the international law of human rights.

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This page intentionally left blank THE JUDICIAL APPLICATION OF HUMAN RIGHTS LAW National, Regional and International Jurisprudence Since the proclamation of the Universal Declaration of Human Rights, over 140 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions brings new dimensions to concepts first articulated in 1948. Nihal Jayawickrama draws on all available sources to encapsulate the judicial interpretation of human rights law in one ambitious, comprehensive volume. Jayawickrama covers the case law of the superior courts of eighty countries in North America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of the UN Human Rights monitoring bodies, the European Court of Human Rights, and of the Inter-American system. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive compendium will be essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights law. n i h a l j a y a w i ckr a m a was the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan. He taught both constitutional law and the international law of human rights at the University of Hong Kong, and published on a range of contemporary legal, constitutional and human rights issues. An advocate for a Bill of Rights in Hong Kong prior to the transfer of sovereignty in 1997, he was involved in the processes that led to its fruition. Executive Director of Transparency International from 1997 to 2000, he is currently a consultant on governance and judicial reform. A member of the Sri Lanka Bar, he held the offices of Attorney General and Permanent Secretary to the Ministry of Justice, and served as a Representative to the United Nations General Assembly. THE JUDICIAL APPLICATION OF HUMAN RIGHTS LAW National, Regional and International Jurisprudence NIHAL JAYAWICKRAMA    Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge  , United Kingdom Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521780421 © Nihal Jayawickrama 2002 This book is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2002 - isbn-13 978-0-511-06895-9 eBook (EBL) - isbn-10 0-511-06895-6 eBook (EBL) - isbn-13 978-0-521-78042-1 hardback -  hardback isbn-10 0-521-78042-X Cambridge University Press has no responsibility for the persistence or accuracy of s for external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. Th
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