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Full Description
The central question taken up by this essay collection is the degree to which judges have—or have not—served as protectors of human rights. Although the judiciary is nominally a part of the governing structure, it is also nearly always the case that it stands apart from the political actors who make and carry out policy. Thus, Gibney and Frankowski contend, judges have not designed or carried out the myriad human rights violations that are so common in the world today.
The key question asked in this volume is to what extent have courts merely abided by egregious practices, or perhaps have even lent a cover of legitimation—or conversely, the degree to which courts have purposely attempted to bring about some change in stemming governmental abuses. No single volume could cover every country experiencing gross levels of human rights abuses. The effort here has been to provide a cross section of judicial systems throughout the world, and to focus on judicial systems that have become involved in addressing human rights issues.
Contents
Introduction Europe Protection of Human Rights by the Judiciary in Romania by Monica Macovei The Judicial Protection of the Constitutional Rights and Freedoms in Russia: Myths and Reality by Igor Petrukhin Israel and the Occupied Territories The Protection of Human Rights by Judges: The Israeli Experience by Stephen Goldstein Judicial Protection in Israeli-Occupied Territories by John Quigley Latin America Judicial Protection of Human Rights in Latin America: Heroism and Pragmatism by Brian Turner India, the Philippines, and China Freedom from Torture, and Cruel, Inhuman, or Degrading Treatment or Punishment: The Role of the Supreme Court of India by Vijayashri Sripati Judicial Defense of Human Rights during the Marcos Dictatorship in the Philippines: The Careers of Claudio Teehankee and Cecelia Munoz Palma by C. Neal Tate Legal Culture, Legal Professionals, and the Future of Human Rights in China by Albert Melone and Xiaolin Wang The Protection of Indigenous Rights: The Australian Example "Retreat from Injustice": The High Court of Australia and Native Title by Garth Nettheim The United States U.S. Courts and the Selective Protection of Human Rights by Mark Gibney Concluding Remarks For Further Reading Index
