Description:This book explores the theoretical foundations of human rights damages and examines when such damages ought to be awarded, how they ought to be assessed and the range of damages that ought to be available. The central thesis is that a vindicatory approach, modelled on the approach to damages for breach of basic rights in domestic tort law, ought to be adopted. A number of other approaches are analysed in detail, including the current 'mirror' approach which ties the approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States Constitutional law. [Subject: Human Rights Law, Tort Law, Comparative Law, Constitutional Law, ]We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Damages and Human Rights. To get started finding Damages and Human Rights, you are right to find our website which has a comprehensive collection of manuals listed. Our library is the biggest of these that have literally hundreds of thousands of different products represented.
Description: This book explores the theoretical foundations of human rights damages and examines when such damages ought to be awarded, how they ought to be assessed and the range of damages that ought to be available. The central thesis is that a vindicatory approach, modelled on the approach to damages for breach of basic rights in domestic tort law, ought to be adopted. A number of other approaches are analysed in detail, including the current 'mirror' approach which ties the approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States Constitutional law. [Subject: Human Rights Law, Tort Law, Comparative Law, Constitutional Law, ]We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Damages and Human Rights. To get started finding Damages and Human Rights, you are right to find our website which has a comprehensive collection of manuals listed. Our library is the biggest of these that have literally hundreds of thousands of different products represented.