‘A Jury of Peers’: A Comparative Analysis

1995 ◽  
Vol 68 (2) ◽  
pp. 150-159
Author(s):  
Colin Davies ◽  
Christopher Edwards
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Historical Development ◽  
Social Groups ◽  
Jury Selection ◽  
Judicial Process ◽  
The Uk

The article considers the historical development of the concept of a jury of peers in the UK, which is contrasted with US development. It is argued that if the jury process is to continue as an element of the judicial process, then issues of jury selection need to be revisited. In outlining the historical development of what is meant by the concept of a trial by a person's peer, it is suggested that there are a number of parallels to contemporary issues of equality. The representation of peer/social groups on a jury panel is considered in the light of contemporary equality and human rights laws.

‘A Jury of Peers’: A Comparative Analysis

2004 ◽  
Vol 68 (2) ◽  
pp. 150-159
Author(s):  
Colin Davies ◽  
Christopher Edwards
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Historical Development ◽  
Social Groups ◽  
Jury Selection ◽  
Judicial Process ◽  
The Uk

The article considers the historical development of the concept of a jury of peers in the UK, which is contrasted with US development. It is argued that if the jury process is to continue as an element of the judicial process, then issues of jury selection need to be revisited. In outlining the historical development of what is meant by the concept of a trial by a person's peer, it is suggested that there are a number of parallels to contemporary issues of equality. The representation of peer/social groups on a jury panel is considered in the light of contemporary equality and human rights laws.

scholarly journals Poverty as a Political Choice: a Comparative Analysis of Reports of the UN Rapporteur’s Visits to the UK and Spain

2021 ◽  
Author(s):  
Ian Cummins ◽  
Emilio José Gómez-Ciriano
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Comparative Analysis ◽  
Social Workers ◽  
The State ◽  
The Other ◽  
Role Of The State ◽  
The Uk ◽  
The Impact

AbstractThis paper presents a comparative analysis of two reports by the UN Rapporteur on Extreme Poverty and Human Rights, one for Spain and one for the UK. In both countries, austerity policies were introduced following the banking crisis of 2008. The UN Rapporteur reports highlight the damage that was done by welfare retrenchment. In particular, the reports document the impact of austerity on the most vulnerable individuals and communities. The paper uses Somers' (2008) conceptual model of citizenship as the basis for a comparative analysis of two reports. Somers' (2008) model of citizenship is a triadic one which sees the state, market and civil society as competing elements. Each one can serve to regulate and limit the influence or excesses of the other two. Somers argues that neoliberalism has seen the dominance of the market at the expense of the role of the state and the institutions of civil society. Austerity policies saw the market dominating. Having examined the context of the two reports and their conclusions, the paper discussed the implications for individual social workers’ practice and the role of social work as a profession in tackling poverty and marginalisation.

The common law and international law – a dynamic contemporary dialogue

Legal Studies ◽  
2010 ◽  
Vol 30 (1) ◽  
pp. 30-60 ◽  
Author(s):  
Michael Kirby
Keyword(s):  
Human Rights ◽  
International Law ◽  
Customary Law ◽  
Judicial Process ◽  
Remarkable Change ◽  
National Courts ◽  
Human Rights Act ◽  
Human Rights Norms ◽  
The Uk ◽  
The Impact

International law, as expressed in treaties and in customary law, is of growing importance in municipal jurisdictions throughout the world. Some barriers to the use of international law in national courts are identified. Occasionally, they include scepticism and even hostility about this body of law. However, the past 60 years have witnessed a remarkable change in judicial attitudes in final courts in most Commonwealth countries.In the UK, the impact of Europe has helped create an ‘incoming tide’. In South Africa, India and Canada, constitutional provisions have stimulated the change. New Zealand is now affected by its Bill of Rights Act. But, in Australia, none of these forces was available and decisional authority adhered for decades to strict dualism.The changing pace of utilisation of international law in the UK and Australia are described. In the UK, the Human Rights Act 1998 now consolidates a trend already happening in the courts. In Australia, the Mabo decision in 1992 effectively endorsed the Bangalore Principles on the municipal application of international human rights norms. This paper describes the contrasting case-law. In the foregoing countries, it concludes with a response to criticisms of judicial utilisation of international law and a suggestion of the proper jurisprudential basis that can be identified to sustain a judicial process that is now well advanced in the countries surveyed.

1. Introduction

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
Common Good ◽  
Historical Development ◽  
Natural Rights ◽  
International Protection ◽  
Essential Information ◽  
Protection Of Human Rights ◽  
The Uk ◽  
Second World

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter begins with an overview of human rights and how ideas about rights have changed over time, from the intellectual enlightenment of the eighteenth century that emphasised the connection between natural rights and dignity, to the rise of consequentialist philosophers in the nineteenth century who challenged natural rights and insisted on the promotion of a common good or welfare. It then considers the historical development of rights and the emergence of international protection of human rights in the twentieth century as a result of war and atrocity, focusing on the war crime trials and the formation of the United Nations after the Second World War. The chapter also looks at the UN Universal Declaration of Human Rights in 1948 and the creation of treaties as well as regional agreements, before concluding with an assessment of human rights today and categories of rights, along with human rights in the UK.

A Comparative Analysis of Two Qualitative Methods: Deciding Between Grounded Theory and Phenomenology for Your Research

2017 ◽  
Vol 28 (1) ◽  
pp. 23-40
Author(s):  
Masoodi Marjan
Keyword(s):  
Grounded Theory ◽  
Data Analysis ◽  
Comparative Analysis ◽  
Historical Development ◽  
Research Question ◽  
Qualitative Approaches ◽  
Development Goals ◽  
Applied Approach ◽  
Similarities And Differences ◽  
Research Students

Abstract The purpose of this article is to compare two qualitative approaches that can be used in different researches: phenomenology and grounded theory. This overview is done to (1) summarize similarities and differences between these two approaches, with attention to their historical development, goals, methods, audience, and products (2) familiarize the researchers with the origins and details of these approaches in the way that they can make better matches between their research question(s) and the goals and products of the study (3) discuss a brief outline of each methodology along with their origin, essence and procedural steps undertaken (4) illustrate how the procedures of data analysis (coding), theoretical memoing and sampling are applied to systematically generate a grounded theory (5) briefly examine the major challenges for utilizing two approaches in grounded theory, the Glaserian and Straussian. As a conclusion, this overview reveals that it is essential to ensure that the method matches the research question being asked, helps the researchers determine the suitability of their applied approach and provides a continues training for the novice researchers, especially PhD or research students who lack solid knowledge and background experience in multiple research methods.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

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