Damages and Human Rights

Varuhas cites several cases which I decided at first instance. If I had had the benefit of some of his arguments, I might have made different decisions in some of those cases, and given better reasons in others. Any advocate or court considering these arguments will be greatly indebted to this scholarly, comprehensive and thoughtful work.

Autorentext
Jason NE Varuhas is Professor at Melbourne Law School, University of Melbourne, Australia.

Klappentext

This book explores the theoretical foundations of human rights damages and examines when such damages ought to be awarded, how they ought to be assessed, and the range of damages that ought to be available to remedy a rights-breach.

Inhalt

1. Introduction
   Part 1: A Tort-Based Approach to Damages for Human Rights Breaches
2. The Tort Framework
3. A Tort-Based Approach to Human Rights Damages
   Part 2: Human Rights Damages and the Public Law Private Law Distinction
4. The Public Law Private Law Distinction
   SECTION 1. THE PUBLIC LAW PRIVATE LAW DISTINCTION AS A TOOL FOR LEGAL DEVELOPMENT
   SECTION 2. THE PUBLIC LAW PRIVATE LAW DISTINCTION AND HUMAN RIGHTS DAMAGES
   Part 3: Alternative Approaches to Damages for Human Rights Breaches
5. Human Rights Damages and 'Just Satisfaction' :
   SECTION 1. THE TERMS OF THE HRA
   SECTION 2. THE SUPRANATIONAL DIMENSION
   SECTION 3. THE METHODOLOGY OF THE MIRROR APPROACH
   SECTION 4. THE FUTURE OF THE MIRROR APPROACH POST- FAULKNER
   SECTION 5. OVERVIEW
6. Interest-Balancing Approaches
   SECTION 1: DOCTRINAL ANALYSIS OF THE INTEREST-BALANCING APPROACH
   SECTION 2: NORMATIVE ANALYSIS OF THE INTEREST-BALANCING APPROACH
   SECTION 3. CONCLUSIONS
7. Other Methods of Limiting Human Rights Damages
8. Conclusion