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Rethinking Rights-Based Mental Health Laws
Edited by Bernadette McSherry and Penelope Weller
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: ...
August 2010   464pp    pbk    9781849460835    $60.00   
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Africa
Mapping New Boundaries in International Law
Edited by Jeremy Levitt
The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. The volume addresses orthodox topics of international law such as jurisdiction and intervention, from an African perspective, and seeks to ask whether in each case, the African perspective is unique or affirms existing arrangements of international law. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-l...
June 2010   360pp    pbk    9781849461177    $50.00   
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The Presumption of Innocence
Evidential and Human Rights Perspectives
Andrew Stumer
The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presu...
June 2010   258pp    hbk    9781849460361    $100.00   
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Public Law after the Human Rights Act
Tom Hickman
It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the H...
May 2010   360pp    pbk    9781841139692    $90.00   
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Religion, Race, Rights
Landmarks in the History of Modern Anglo-American Law
Eve Darian-Smith
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice cha...
May 2010   332pp    pbk    9781841137292    $19.95   
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European Human Rights and Family Law
Shazia Choudhry and Jonathan Herring
This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights th...
April 2010   480pp    pbk    9781841131757    $99.00   
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The New Law of Peaceful Protest
Rights and Regulation in the Human Rights Act Era
David Mead
The right to demonstrate is considered fundamental to any democratic system of government, yet in recent years it has received little academic attention. However, events following the recent G20 protests in April 2009 make this a particularly timely work. Setting out and explaining in detail the domestic legal framework that surrounds the right of peaceful protest, the book provides the first extensive analysis of the Strasbourg jurisprudence under Articles 10 and 11 of the European Convention on Human Rights, offering a critical look at recent cases such as Öllinger, Vajnai, Bukta, Oya Ataman, Patyi and Ziliberberg, as well as the older cases that form its bedrock. The principles drawn from this case-law are then synthesised into the r...
April 2010   530pp    pbk    9781841136219    $90.00   
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Domestic Violence and International Law
Bonita Meyersfeld
Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's br...
March 2010   368pp    hbk    9781841139111    $90.00   
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A Right to Inclusion and Exclusion?
Normative Fault Lines of the EU's Area of Freedom, Security and Justice
Edited by Hans Lindahl
This volume of essays, situated at the interface between legal doctrine and legal and political philosophy, discusses the conceptual and normative issues posed by the right to inclusion and exclusion the EU claims for itself when enacting and enforcing immigration and asylum policy under the Area of Freedom, Security and Justice. In particular, the essays probe how this alleged right acquires institutional form; how the enactment and enforcement of the EU's external borders render possible and undermine the claim to such a right; and how the fundamental distinctions that underpin this alleged right, such as inside/outside and citizen/alien, are being disrupted and reconfigured in ways that might render the EU's civic and territorial boundar...
August 2009   298pp    hbk    9781841139494    $100.00   
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Economic, Social and Cultural Rights in International Law
Manisuli Ssenyonjo
The effective promotion, protection and fulfilment of economic, social and cultural (ESC) rights is an important but under-explored component of international human rights law, of which ESC rights form an essential part. They are fundamental to the dignity of every person. At the international level ESC rights are protected in several international instruments, the most comprehensive being the International Covenant on Economic, Social and Cultural Rights (the Covenant) ratified by a majority of States. However, claims of violations of ESC rights are treated less seriously. This book subjects ESC rights protected in the Covenant to a deeper analysis in light of the practice of the Committee on Economic, Social and Cultural Rights while taki...
July 2009   550pp    pbk    9781841139159    $90.00   
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