Routledge Studies in Law, Rights and Justice – serie

This collection explores questions of rights and justice from theoretical and practical perspectives, by examining examples of the process and application of the law. The book brings together leading experts and early career academics to consider the application of rights, the achievability of justice and the methods available within varied legal frameworks to secure this. It offers a distinct approach by drawing contributions from a wide range of intellectual arenas thus breaking down legal silos and highlighting the interplay between different subjects. Authors confront the conceptual challenges of rights and justice, beginning with broad constitutional discussions in international and domestic contexts. The book examines institutions, procedure and matters of rights and justice located in numerous social contexts such as regarding interests in – or the protection of – property and the avoidance of discrimination or the protection of beliefs at work. For the younger generation, such questions are long term and, in many ways, evolving. Each chapter offers fascinating insight to support ongoing reflections on rights and justice in the modern world. The book will be of interest to scholars, students and practitioners with interests in human rights, socio-legal studies, areas of law such as family law, criminal law, employment law, as well as access to justice and constitutional justice.

This book examines the challenges of bringing cutting-edge research in often controversial areas into the law syllabus and explores how academics can effectively adopt a holistic approach to research and pedagogy when teaching rights and justice. The collection brings together experts from all areas of legal scholarship to discuss how they fuse often controversial aspects of rights and justice into their teaching in a way that responds to and is ultimately led by academic research. As such, it advances legal education through the opportunity to explore the interplay between rights and justice and how scholars both ensure that their teaching is research-led, whilst responding to the needs and views of students and issues such as generational differences in viewpoints on controversial issues. This topical volume will appeal to academics and researchers interested in academic freedom, the challenges of research-led teaching and the pedagogy around the teaching of rights and justice.

This book offers a comprehensive and nuanced examination of the right to an adequate standard of living in Sub-Saharan Africa (SSA), shedding light on the multifaceted challenges, opportunities, and imperatives for action. The right to an adequate standard of living is a fundamental human right, essential for the dignity and well-being of all individuals. Yet, in SSA, the realisation of this right remains a complex and elusive goal, with millions of people facing poverty, inequality, and limited access to basic services. Through a series of in-depth chapters, the book explores the various dimensions of the right to an adequate standard of living, from the pervasive impacts of poverty and inequality to the critical importance of access to healthcare, education, housing, and justice. Drawing on a rich array of case studies, data, and expert analysis, the work provides a compelling and evidence-based assessment of the current state of affairs in SSA, highlighting the urgent need for comprehensive and context-specific approaches to advancing this fundamental right. Providing a roadmap for promoting sustainable and inclusive development, reducing poverty and inequality, and ensuring access to basic services for all, the volume offers a set of actionable recommendations for policymakers, practitioners, and researchers working in the areas of Human Rights Law, Development Law and, in particular, those focused on the United Nations Sustainable Development Goals. At the same time, it identifies key areas for further research and investigation, underscoring the importance of ongoing knowledge generation and exchange in support of evidence-based policy and practice.

This book presents a critical chronology of the modern slavery survivor journey in the UK, from intervention by the authorities to long-term recovery. The work examines the modern slavery survivor pathway and assesses the support systems available to survivors throughout this process. It also explores links to other traumatic crimes and investigates how the role of ‘witness’ in the criminal justice system impacts survivors’ experiences. The work showcases findings from interviews with frontline practitioners alongside analysis of government publications and independent reports. It emphasises the importance of holistic care pathways with a consistent, benchmark standard of support across all services, including advocacy for each individual. It further argues that the UK government needs to extend its anti-slavery efforts towards long-term support and understanding of survivor needs, which should include a focus on survivor narratives and input. It is argued that this would not only improve recovery outcomes but would advance the criminal justice process in this area through witness retention and stronger evidence. The book will be of interest to academics, researchers and policy-makers in the areas of human rights, criminal justice, social justice and victimology. Based on international legal instruments, the work will appeal to an international readership.

For many, human rights have become a panacea for the injustices of society: globalisation, poverty, discrimination, climate change etc. But has this rights ‘inflation’ been a prima facie good? Has the rise in human rights merely propounded a self-centred individualism, exacerbating the marginalisation of large swathes of society who are already socially excluded? Rightly, human rights have been the subject of a multitude of criticisms, from a range of critical perspectives: Marxism, critical legal studies, communitarianism, feminism, critical race theory, etc. However, this unique study pushes back against this tide of ‘anti-rights,’ providing an original defence of human rights from the perspective of a progressive political community of rights-holders and duty-bearers. Possessing rights might place a rights-holder at the centre of their moral universe, to the exclusion of all others, but that holder of rights cannot expect others to bear the duty of their rights without exercising the same obligation to the rights of others in return. So, far from emphasising isolation and self-interest, responsibilities arising from the exercise of rights engender a keen sense of solidarity, a principle integral to critical legal theory. The book will be of interest to academics and researchers working in the areas of Human Rights, Constitutional Law and Legal and Political Theory.

This volume explores climate litigation as a means to tackle the rights and socio-ecological, intergenerational, gender, racial, and other justice implications of the ever-growing vulnerability to climate change, whilst critically engaging with the notions of vulnerability and intersectional climate justice.With insightful analysis, thought-provoking case studies, and a global perspective, the collection illustrates the opportunities and pitfalls of litigation pursued by people from the Global South who face intersecting forms of oppression and marginalisation amidst the climate crisis. Contributors discuss litigation strategy, novel legal arguments, institutional barriers, and unique socio-ecological and political challenges in the Global South. Divided into two parts, the book recognises that climate change is an existential threat to humanity more frequently being tackled in courts worldwide. The first part exposes the limits of litigation as a mechanism for intersectional climate justice for vulnerable people in the Global South. The second part highlights innovations in climate litigation in pursuit of intersectional climate justice.The book will be of interest to academics, researchers, and policymakers in the areas of human rights law, environmental law, climate law, Latin American studies, South Asian studies, and African studies.

In 2017, in Ivey v. Genting Casinos, the Supreme Court judged that the dishonesty test is objective and should be the single one in use for any area of law. The judgment sparked some criticism regarding the inflexibility of an objective test. The subsequent 2020 Court of Appeal judgment in R. v. Barton confirmed the objective test in Ivey. However, little dedicated discussion and analysis of the dishonesty test has subsequently taken place, leaving a growing concern that the one currently in use may not be suitable for determining dishonesty in all contexts. This interdisciplinary collection challenges the idea of the single objective test by considering the issue of context in defining dishonesty. The volume is divided into three parts. The first focuses on the analysis of the concept of dishonesty and the dishonesty test, both in relation to context and its impact in determining whether or not liability arises. In the second part, the focus is on contexts of public and private dealings where dishonesty can be the reason to place liability or where its implications should be modified in order to limit liability. Finally, in the third part, the focus is on the context of healthcare practice and its interface with the conceptual dichotomy of honesty/dishonesty. The conclusion draws together shared themes, notably the issues of fairness and justice that arise from the work to demonstrate the definitional vacuum in the law on dishonesty. The book will be of interest to academics, researchers, policy-makers, and regulators working in law, ethics, or areas of professional regulation and misconduct, especially medicine, nursing, student academic misconduct, and politics. Similarly, there will be appeal to those working in relevant professional regulatory areas, such as law, healthcare, and sports governance.

This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.

This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.

This book discusses the way in which the constitutions are shaped by, and shape, the values and identities inherent in them and how those values and identities may be realised as fundamental rights and, consequently, protected. It examines the values, identities and rights of the UK constitution – which is highly dynamic and political in nature – and of constitutions more generally.The text comprises three parts. The first part examines the continuing, expanding executive dominance of Parliament and the constitution in a changing political and constitutional landscape. The second part looks at the relationship among constitutional values, principles and rights and at the constitutional consequences of the so-called culture wars. The last part considers the degree to which human rights and constitutional fundamentals may be protected by both codified and non-codified constitutions and whether, following Brexit, there is a renewed case that fundamental constitutional values and rights may only be successfully protected in the UK with a codified constitution.The book will be of interest to academics, researchers and policy-makers in the areas of Constitutional Law and Politics, Comparative Law and Public Law.

Time is an essential dimension of our shared understandings of the historical significance or fairness of a particular event or situation. The ways time is constructed, however, are characterized by a plurality of diverse and sometimes inconsistent representations. This book examines the uses of different conceptualizations of time in explaining injustice and justice in society from an interdisciplinary perspective. It is the temporal representations that are the focus of this book here: How and by whom are they constructed, how do they weave together or fray in the process of working through temporary or permanent injustices, and what spaces are made or quashed for different understandings of time? The book gathers scholars from different backgrounds with expertise from law, history, politics and international relations, philosophy, and sociology to examine the temporality of (in)justice in society. The chapters of the book are integrated around a coherent central theme: The unavoidable intertwining of time and justice. As well as addressing the lived processes of collectively coming to terms with temporal experiences and justice, the book work also discusses the different disciplinary ways of making sense of such processes and the strengths and pitfalls of each approach. The collection will be of interest to researchers and students of legal theory, international relations, global history, memory studies, and political philosophy.