Current Problems in the Protection of Human Rights - (Studies of the Oxford Institute of European and Comparative) by Katja S Ziegler & Peter Huber

About the Book

Revised papers from a joint conference of the Law Faculty of the Ludwig-Maximilians-Universitèat in Munich and the Institute of European and Comparative Law at the University of Oxford held in 2009.

Book Synopsis

While the legal systems of the UK and Germany differ in essential respects, the current process of 'constitutionalization' is well recognized on both sides of the English Channel. 'Constitutionalization' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and this book provides a comparative UK-German perspective on recent developments. First, the book addresses human rights questions which arise in both jurisdictions in a similar way, such as the tension between liberty and security, absolute rights, such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualized. A second theme considers the impact of human rights on different areas of domestic law, in particular administrative law, criminal law, labor law, and private law generally. Finally, a third theme focuses on the intersection of national, supra-national, and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over human rights, as well as sensitivities that arise in multi-layer situations in the UK and Germany. (Series: Studies of the Oxford Institute of European and Comparative Law - Vol. 17)

Review Quotes

"The rich analyses presented in this collection are an important addition to the literature on comparative and multi-level constitutionalism of rights." --Public Law, July 2014

"It is difficult to do justice to the comprehensive and thought-provoking essays contained in Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK in a short review. The volume demonstrates that two different jurisdictions face many of the same challenges, despite their differences. The essays collectively demonstrate that much can be learned from considering constitutional issues and the impact of human rights on legal systems from an international and comparative perspective. The comprehensive discourse and discussion contained in the collection is very welcome and certainly shows the need to encourage such dialogue in the future." --International and Comparative Law Quarterly, Volume 62, Issue 4, October 2013

About the Author

Katja S Ziegler is Sir Robert Jennings Professor of International Law at the University of Leicester.
Peter M Huber is Justice of the Federal Constitutional Court of Germany and Professor of Law at Fakultät für Rechtswissenschaft, Ludwig-Maximilians-Universität München.