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Beyond Disagreement
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Beyond Disagreement: Open Remedies in Human Rights Adjudication

Aruna Sathanapally

Abstract

Examining the role of ‘open remedies’ in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, ... More

Keywords: human rights, constitutional design, institutional design, remedies, Human Rights Act, deliberative democracy, dialogue, courts, legislatures, Parliament

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199669301
Published to Oxford Scholarship Online: January 2013 DOI:10.1093/acprof:oso/9780199669301.001.0001

Authors

Affiliations are at time of print publication.

Aruna Sathanapally, author
Consultant, McKinsey and Company

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