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Zusatztext 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. Informationen zum Autor Katja S Ziegler is Sir Robert Jennings Professor of International Law at the University of Leicester. Peter M Huber is Professor of Law at the Ludwig-Maximilians-Universität Munich and Justice of the Federal Constitutional Court of Germany. Klappentext 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) Zusammenfassung While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. Using human rights law as a good example of this process, the aim of this book is to provide a comparative UK-German perspective on recent developments. Inhaltsverzeichnis 1. Introduction: Current Problems in the Protection of Human Rights – Perspectives from Germany and the UK Katja S Ziegler and Peter M Huber Part One Constitutionalisation by Human Rights in Specific Areas of Law 2. Human Rights and Criminal Law: An Ambivalent Relationship – Perspectives of the German Bundesverfassungsgericht and the European Court of Human Rights Frank Zimmermann 3. Eroding the Structure of the Convention? The Public Interest in Prosecutions for Serious Crime 31 Andrew Ashworth 4. The 'Constitutionalisation' of Labour Law: Possibilities and Problems ACL Davies 5. The Human Rights Act 1998, Horizontality and the Constitutionalisation of Private Law Alison L Young 6. Constitutionalisation of the Freedom of Contract in European Union Law Carsten Herresthal 7. Anti-discrimination Legislation – A Paradigm Shift in the Protection of Human Rights? Peter M Huber 8. The Human Rights Act 1998 and the Development of Administrative Law in the United Kingdom <...
