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Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
The Committee's report on the BBC's Charter review focuses on four inter-related issues: i) the scope and remit of the BBC in the context of the growth of digital TV and on-going technological developments in audiovisual communications; ii) its funding mechanism; iii) its governance and regulation; and iv) whether a Charter provides the most appropriate means of establishing the Corporation in a rapidly-changing communications environment. Key aspects considered include the role, definition and scope of public service broadcasting, the growth of multichannel television, the on-going roll-out of broadband networks, and the Government's plans to switch off the analogue television signal. The report makes 38 conclusions and recommendations, including i) the BBC should be placed on a statutory basis by Act of Parliament at the earliest opportunity, with allowance for pre-legislative scrutiny by a joint Committee of both Houses; with a five year Charter to cover the interim period, between the date the current Charter expires at the end of 2006 and the passing of the recommended legislation; and ii) fundamental changes in the governance system of the BBC, with responsibility for corporate governance separated from maintenance and regulation of its independence.
This work focuses on economic activities, especially in the era of globalization, taking into consideration, their relationship with some of the traditional values of the Church. It focuses particurlarly on the dignity of the human person and how such relationship can promote or alienate the human person from God, self, fellow humans, society and nature. Rev. Father Dr. Albert Okechukwu Ikpenwa holds B. Phil. and BD from Pontifical Urban University, Rome; Masters and Doctorate degrees from Alphonsian Academy "Alfonsianum", Higher Institute of Moral Theology of the Pontifical Lateran University, Rome.
Nursing can be complex and challenging to new students and trainee practitioners. Key Concepts in Nursing provides a much needed guide to the central topics and debates which shape nursing theory, policy and contemporary practice. From assessment to ethics, and leadership to risk management, the book offers a comprehensive yet concise guide to the professional field. Each entry features: " a snapshot definition of the concept; " a broader discussion addressing the main issues and links to practice; " key points relevant to the entry; " case studies to illustrate the application to practice; " examples of further reading. Highly readable, with clear indexing and cross referencing, this is an ideal book for trainees to turn to for learning more about key issues in nursing practice and education. It meets the validation requirements of all training programmes and will also be invaluable for nurses continuing their professional education, those returning to practice and for mentoring.
Exploring the role of public sector audit in emerging democracies and developing countries, this book provides an account of the relationship between the public sector auditor, the legislature and executive government. In particular, it introduces public sector audit's capacity to assess government agencies' compliance with the law and their management of taxpayer or internationally funded programs and services. The volume: ¢ Explores the Australian model of public sector audit. ¢ Provides a definition of a supreme Audit Institution (SAI) and the role and responsibilities of the public sector auditor. ¢ Examines the authority necessary for the SAI to function effectively. ¢ Discusses likely future reform of the SAI's legal framework. ¢ Illustrates how audit can be used to strengthen democratic institutions in emerging market economies. It will be of use to researchers, academics and students interested in the critical issues surrounding audit in general and public sector audit in particular. It will also be a valuable guide to practitioners in this area.