Human Rights and Judicial Review: A Comparative Perspective


Editor: David M. Beatty
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

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Preface. 1. Human Rights and the Rules of Law; D. Beatty. 2. Federal Constitutional Guarantees of Individual Rights in the United States of America; A. Scalia. 3. Judicial Review by the Supreme Court of Canada under the Canadian Charter of Rights and Freedoms: the First Ten Years; F. Iacobucci. 4. Human Rights and Constitutional Review in Japan; I. Sonobe. 5. The Jurisprudence of Human Rights; B.P. Jeewan Reddy, R. Dhavan. 6. Methods and Criteria of Judgment on the Question of Rights to Freedom in Italy; E. Cheli, F. Donati. 7. Human Rights and Judicial Review in Germany; D. Grimm. 8. Human Rights and Judicial Review: the European Court of Human Rights; R. Bernhardt. 9. The Last Generation: When Rights lose their Meaning; D. Beatty.