Overview

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.

Full Product Details

Author:   Tsvi Kahana (Queen's University, Ontario) ,  Anat Scolnicov
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.20cm , Height: 2.10cm , Length: 22.90cm
Weight:   0.640kg
ISBN:  

9781107066502

ISBN 10:   1107066506
Pages:   342
Publication Date:   20 October 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

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.

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Author Information

Tsvi Kahana is Associate Professor at Queen's University, Ontario. Anat Scolnicov is Professor of Law at the University of Winchester.

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