Contrasting Prisoners' Rights
A Comparative Examination of England and Germany
By (author) Liora Lazarus
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Contrasting Prisoners' Rights by Liora Lazarus
Book DescriptionThis volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.
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Book DetailsISBN: 9780199259830
(242mm x 164mm x 22mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 25-Mar-2004
Country of Publication: United Kingdom
Books By Author Liora Lazarus
Reasoning Rights, Paperback (September 2016)
This book explores the question: why are notionally universal norms reasoned by courts in such dramatically different ways? What is the shape of this reasoning; what techniques are common across the transnational jurisprudence; and what are diverse?
Security and Human Rights, Paperback (June 2007)» View all books by Liora Lazarus
These essays, written by leading experts, offers a genuinely multidisciplinary perspective on the relationship between security and human rights.
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Author Biography - Liora Lazarus
Liora Lazarus is Fellow and Tutor in Law at St. Anne's College, Oxford, and Lecturer in Law and Associate of the Centre for Criminological Research at the University of Oxford.
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