Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (Studies of the Oxford Institute of European and Comparative Law) - Hardcover

Hardcover

ISBN 10: 1849461244 ISBN 13: 9781849461245

Publisher: Hart Publishing, 2013

Synopsis

While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

About this title

About the Authors

Katja S Ziegler is Sir Robert Jennings Professor of International Law at the University of Leicester.

Birke Häcker is Schlegel Professor of Civil Law, Common Law and Comparative Law, and Director of the Institute of International and Comparative Private Law, University of Bonn, Germany.

Stephen Weatherill is the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College.


Photo courtesy of Faculty of Law, University of Oxford.

Edition details

• Publisher: Hart Publishing
• Publication date: 2013
• Language: English
• ISBN 10: 1849461244
• ISBN 13: 9781849461245
• Binding: Hardcover
• Number of pages: 276
• Editor: Ziegler Katja S, Huber Peter M