Current Problems in the Protection of Human Rights - (Studies of the Oxford Institute of European and Comparative) (Hardcover)

About the Book

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. Using human rights law as a good example of this process, the aim of this book is to provide a comparative UK-German perspective on recent developments.

Book 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.

Review Quotes

"The rich analyses presented in this collection are an important addition to the literature on comparative and multi-level constitutionalism of rights." --Public Law, July 2014

"It is difficult to do justice to the comprehensive and thought-provoking essays contained in Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK in a short review. The volume demonstrates that two different jurisdictions face many of the same challenges, despite their differences. The essays collectively demonstrate that much can be learned from considering constitutional issues and the impact of human rights on legal systems from an international and comparative perspective. The comprehensive discourse and discussion contained in the collection is very welcome and certainly shows the need to encourage such dialogue in the future." --International and Comparative Law Quarterly, Volume 62, Issue 4, October 2013

About the Author

Katja S Ziegler is Sir Robert Jennings Professor of International Law at the University of Leicester.
Peter M Huber is Justice of the Federal Constitutional Court of Germany and Professor of Law at Fakultät für Rechtswissenschaft, Ludwig-Maximilians-Universität München.