Introduction: Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK

Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK, Katja S. Ziegler and Peter M. Huber, eds., Hart Publishing, 2013

Studies of the Oxford Institute of European and Comparative Law Working Paper No. 17

7 Pages Posted: 7 Apr 2013

See all articles by Katja S. Ziegler

Katja S. Ziegler

Leicester Law School

Peter Huber

Ludwig Maximilians University of Munich

Date Written: May 1, 2012

Abstract

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. 'Constitutionalisation' 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 the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it 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 conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- 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 the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Keywords: human rights, comparative human rights, human rights and labour law, human rights and criminal law, human rights and administrative law, human rights and private law, horizontal application of human rights, terrorism, privacy

JEL Classification: K10, K14, K19, K29, K31, K39

Suggested Citation

Ziegler, Katja S. and Huber, Peter, Introduction: Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (May 1, 2012). Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK, Katja S. Ziegler and Peter M. Huber, eds., Hart Publishing, 2013 , Studies of the Oxford Institute of European and Comparative Law Working Paper No. 17, Available at SSRN: https://ssrn.com/abstract=2233900

Katja S. Ziegler (Contact Author)

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Peter Huber

Ludwig Maximilians University of Munich ( email )

Geschwister-Scholl-Platz 1
Munich, DE Bavaria 80539
Germany

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