Boundaries of state, boundaries of rights : human rights, private actors, and positive obligations / edited by Tsvi Kahana, Anat Scolnicov.

Format
Book
Language
English
Published/​Created
Cambridge, United Kingdom : Cambridge University Press, 2016.
Description
x, 330 pages ; 24 cm

Availability

Available Online

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    Summary note
    "This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion"-- Provided by publisher.
    Notes
    Includes papers presented at a conference held in Cambridge, England in 2011.--ECIP Introduction.
    Bibliographic references
    Includes bibliographical references (pages 290-323) and index.
    Contents
    • Introduction / Tsvi Kahana and Anat Scolnicov
    • Our rights, but whose duties? : re-conceptualizing rights in the era of globalization / Jean Thomas
    • On suffering and societal constitutionalism : at the border of international investment arbitration and human rights / David Schneiderman
    • Beware: boundary crossings / José E. Alvarez
    • Dialogue and constitutional duty / Mark Tushnet
    • Positive obligations, positive rights and constitutional amendment / Vicki C. Jackson
    • Privatizing public rights: common law and state action in the United States / Helen Hershkoff
    • Abdications of sovereignty in state action and horizontal effect jurisprudence / Johan van der Walt
    • Hybrid state accountability and hybrid rights : positive rights, exclusion, and state action in Canada / Tsvi Kahana
    • Human rights and derivative rights : the European Convention on Human Rights and the rights of corporations / Anat Scolnicov
    • Judicial review and Human Rights Act review in contracted-out public services : options for litigation in English law / A.C.L. Davies
    • Privatization and human rights in the United Kingdom / Stephanie Palmer
    • Principles of public fiduciary administration / Paul B. Miller
    • Human rights indicators and boundaries of accountability and opportunity / Megan Dersnah, Ron Levi.
    ISBN
    • 9781107066502 ((hardback))
    • 1107066506 ((hardback))
    • 9781107665743
    • 1107665744
    LCCN
    2015050948
    OCLC
    929586571
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