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Boundaries of State, Boundaries of Rights
Human Rights, Private Actors, and Positive Obligations

$35.99

Tsvi Kahana, Anat Scolnicov, Jean Thomas, David Schneiderman, José E. Alvarez, Mark Tushnet, Vicki C. Jackson, Helen Hershkoff, Johan van der Walt, A. C. L. Davies, Stephanie Palmer, Paul B. Miller, Megan Dersnah, Ron Levi
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  • Date Published: February 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781107665743

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About the Authors
  • 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.

    • Offers a fresh perspective of different legal themes in an integrated fashion
    • Examines human rights from different disciplinary perspectives
    • Written by international lawyers, constitutional lawyers, comparative lawyers and political theorists
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    Product details

    • Date Published: February 2018
    • format: Paperback
    • isbn: 9781107665743
    • length: 340 pages
    • dimensions: 229 x 152 x 18 mm
    • weight: 0.459kg
    • contains: 2 tables
    • availability: Available
  • Table of Contents

    Introduction Tsvi Kahana and Anat Scolnicov
    1. Our rights, but whose duties? Re-conceptualizing rights in the era of globalization Jean Thomas
    2. On suffering and societal constitutionalism: at the border of international investment and arbitration David Schneiderman
    3. Beware: boundary crossings José E. Alvarez
    4. Dialogue and constitutional duty Mark Tushnet
    5. Positive obligations, positive rights and constitutional amendment Vicki C. Jackson
    6. Privatizing public rights: common law and state action in the United States Helen Hershkoff
    7. Abdications of sovereignty in state action and horizontal effect jurisprudence Johan van der Walt
    8. Hybrid state accountability and hybrid rights: positive rights, exclusion, and state action in Canada Tsvi Kahana
    9. Human rights and derivative rights: the European Convention on Human Rights and the rights of corporations Anat Scolnicov
    10. Judicial review and Human Rights Act review in contracted-out public services: options for litigation in English law A. C. L. Davies
    11. Privatization and human rights in the United Kingdom Stephanie Palmer
    12. Principles of public fiduciary administration Paul B. Miller
    13. Human rights indicators and boundaries of accountability and opportunity Megan Dersnah and Ron Levi.

  • Editors

    Tsvi Kahana, Queen's University, Ontario
    Tsvi Kahana is Associate Professor at Queen's University, Ontario.

    Anat Scolnicov, University of Winchester
    Anat Scolnicov is Professor of Law at the University of Winchester.

    Contributors

    Tsvi Kahana, Anat Scolnicov, Jean Thomas, David Schneiderman, José E. Alvarez, Mark Tushnet, Vicki C. Jackson, Helen Hershkoff, Johan van der Walt, A. C. L. Davies, Stephanie Palmer, Paul B. Miller, Megan Dersnah, Ron Levi

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