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The Role of the Judiciary in the Protection of Human Rights

Edited by: Eugene Cotran, Adil 'Umar Sharif

ISBN13: 9789041105127
ISBN: 9041105123
Published: February 1997
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £291.00



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This volume contains papers presented at the conference ""The Role of the Judiciary in the Protection of Human Rights"", held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council. It incorporates the experiences and thinking of an international group of judges and legal practitioners as to the relationship between courts, judges and human rights. It provides diverse perspectives on the importance of the judiciary in the protection of universally recognized human rights, and highlights the mechanisms which make it possible for the judiciary to play a vital role, as well as the obstacles which can act to diminish it.;The book presents practical lessons for the Arab region as well as the rest of the world.

Subjects:
Human Rights and Civil Liberties
Contents:
Part 1 The role of the Supreme Constitutional Court of Egypt in the protection of human rights: judicial sources for supporting the protection of human rights, Awad El-Morr; unshakable tendency in the protection of human rights - adherence to international instruments on human rights by the Supreme Constitutional Court of Egypt, Adel Omar Sherif; the Supreme Constitutional Court of Egypt and the protection of human rights, Abd-El-Rahman Nosseir; recent judgements of the Supreme Constitutional Court of the Arab Republic of Egypt upholding human rights, Hatem Aly Labib Gabr; the Supreme Constitutional Court of Egypt and vicarious criminal liability, Adel Omar Sherif.
Part 2 Judicial protection of human rights in some Arab and African countries: the application of international human rights instruments by the judiciary in Lebanon, G.J. Assaf; the rule of law in Palestine building legal institutions, E. Cotran; the role of the judiciary in the protection of human rights in the Sudan, Ismail Attia Musa et al; the role of the judiciary in the protection of human rights in Lesotho, G.W.K.L. Kasozi and J.K. Guni.
Part 3 Judicial experiences in the protection of human rights in the USA, Europe and Brazil: protection of human rights through the criminal justice system - protection and participation of the victims of crime, and the prosecution of their oppressors, M.E. Hartmann; the role of judicial independence and judicial leadership in the protection of human rights, J.G. Apple; the role of the judiciary in the protection of human rights - the Irish experience, R. Keane; the role of the judiciary in the protection of human rights - the British experience, K. Starmer; the independence of the judiciary and the rule of law, D.C. Umbach; jurisdictional protection of fundamental rights in the Brazilian juridicial order, C.M. Velloso.
Part 4 International and comparative experiences of judicial review and protection of human rights: the emergence of constitutional courts and the protection of individual and human rights - a comparative study, M.I.M. Aboul-Enein; establishing the doctrine of judicial review in Egypt and the United States, E. Hill; the right of private individuals and groups to enforce laws through privatization of administrative authority, A.A. Khalil; supra-legislative norms and constitutional courts - the case of France and Egypt, B. Johansen; variables in constitutional analysis, J.S. Murray; a comparative note on the judicial protection of basic rights - some theoretical and practice issues, C. Mallat; the freedom of expression, H.A. Gibaly; minorities, morality and the judiciary, S. Leader.