NEW HUMAN RIGHTS LAW TITLES
FROM HART PUBLISHING
20% discount for readers of the Oxford Human Rights Hub!
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SECOND EDITION
Tort Law and Human Rights
Jane Wright
This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new ‘remedy’ under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards.
The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: ‘A Human Rights Based Approach to Tort Law’ and ‘Public Authority Liability and Privacy – From Misuse of Private Information to Autonomy.’
Jane Wright is a Professor of Law at the University of Essex.
February 2017 | 9781841139074 | 352pp | Hardback | RSP: £75
Discount Price: £60
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http://www.bloomsburyprofessional.com/uk/tort-law-and-human-rights-9781841139074/
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Reconceptualising European Equality Law
A Comparative Institutional Analysis
Johanna Croon-Gestefeld
This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice’s adjudication of cases in the field. It then explores how the Member States’ courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.
Johanna Croon-Gestefeld is Postdoctoral Fellow at Bucerius Law School.
February 2017 | 9781509909667 | 282pp | Hardback | RSP: £55
Discount Price: £44
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http://www.bloomsburyprofessional.com/uk/reconceptualising-european-equality-law-9781509909667/
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States, the Law and Access to Refugee Protection
Fortresses and Fairness
Edited by Maria O’Sullivan and Dallal Stevens
This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed ‘access to justice’.
To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.
Maria O’Sullivan is a Senior Lecturer in the Faculty of Law and a Deputy Director of the Castan Centre for Human Rights Law at Monash University.
Dallal Stevens is Associate Professor (Reader) of Law at the University of Warwick.
March 2017 | 9781509901289 | 336pp | Hardback | RSP: £65
Discount Price: £52
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Hart Publishing Ltd. is an Imprint of Bloomsbury Publishing plc.
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