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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.
List of contents
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
About the author
Jason NE Varuhas is Professor at Melbourne Law School, University of Melbourne, Australia.
Summary
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.
Additional text
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.
