The Legislation and Politics of Worldwide Human Rights Courts: The Dilemma of Effectiveness
Alec Stone Candy, Wayne Sandholtz
Oxford College Press
Printed on-line: July 2024
Summary: The Legislation and Politics of Worldwide Human Rights Courts addresses three key matters. First, the e-book offers an account of the origins and evolution of six regional human rights courts. In every, judges sought to beat political forces and authorized obstacles that threatened to neutralize the regime and render it irrelevant to the day by day lives of the individuals. Second, it analyzes the emergence of a standard “jurisprudence of effectiveness,” the specific goal of which has been to lift requirements of rights safety inside nascent, multi-level “transnational techniques of justice.” A transnational system of justice is comprised of three parts: a constitution of rights, a court docket tasked with implementing the constitution, and the precise of people to petition the court docket with a declare that their rights have been violated. The e-book analyzes the case legislation on numerous matters, masking each absolute rights (the precise to life and prohibitions of torture and slavery) and chosen certified rights (self-determination, abortion and privateness, household legislation, and indigenous rights to property). Third, the e-book examines how state officers reply to the event of techniques of transnational justice (STJs), specifically, the extent to which the prospect of more practical rights safety is embraced by state officers. In every of the instances, the actions of the STJ have generated important political “backlash,” main some states to hunt to curb the court docket’s authority or to exit the regime. The e-book describes and evaluates these makes an attempt, the outcomes of which have been combined, with most court-curbing workout routines failing.
