Catalogue


The Pinochet case : a legal and constitutional analysis /
edited by Diana Woodhouse.
imprint
Oxford [Eng.] ; Portland, Oregon : Hart Pub., 2000.
description
xx, 297 p. ; 25 cm.
ISBN
1841131024 (bd.)
format(s)
Other
Holdings
More Details
added author
imprint
Oxford [Eng.] ; Portland, Oregon : Hart Pub., 2000.
isbn
1841131024 (bd.)
general note
Accompanied by the three House of Lords' judgments on Pinochet, which are contained in the Annex to the book.
catalogue key
3349498
 
Includes bibliographical references and index.
A Look Inside
About the Author
Author Affiliation
Jonathan Black-Branch, senior lecturer in law, Oxford Brookes University Paul Catley, principal lecturer in law, Oxford Brookes University Ben Chigara, lecturer in law, University of Leeds Lisa Claydon, research fellow, De Montfort University Evadne Grant, senior lecturer in law, Oxford Brookes University Judith Hendrick, senior lecturer in law, Oxford Brookes University David Robertson, fellow tutor in politics, St Hugh's College, Oxford Diana Woodhouse, professor in law, Oxford Brookes University
Full Text Reviews
Appeared in Choice on 2001-01-01:
This important book deals with Pinochet's unexpected detention in Great Britain, the resulting international attitude about crimes against humanity, the narrowing of national sovereignty regarding immunity, and the implications for English jurisprudence and the House of Lords. The book originated in a workshop by the Centre for Legal Research in 1999 at the relatively new Oxford Brookes University. The expanded presentations, mostly by professors at Oxford Brookes, are supplemented with an annex of the 3 legal opinions on Pinochet rendered by the House of Lords. Tables of cases, legislation, and treaties and conventions used in the Lords' deliberations are included as well. The introductory chapter gives the chronology of the Pinochet case and includes a discussion of the interrelation of the various courts and the Home Secretary regarding the extradition process. The remaining text has two parts. The first deals with the jurisdiction of the House of Lords and the bias of Lord Hoffman. Part 2 treats the wider international implications: morality and justice, sovereign immunity and international law, and administration of international criminal justice. This work, pivotal for the study of the controversial Pinochet affair, will be useful primarily for those interested in international law and human rights. Useful bibliography and good index. Upper-division undergraduates and above. C. W. Arnade; University of South Florida
Reviews
Review Quotes
The authors and publisher are to be congratulated on getting this very useful and well-researched collection of essays out so quickly.Geoffrey BindmanThe Law Society's GazetteSeptember 2002This is a good book, destined to become a standard work on the whole Pinochet affair in the House of Lords.John P. GrantJournal of the Law Society of ScotlandFebruary 2003
'The Pinochet Case includes several thought-provoking essays that promise to add to the ongoing debate about the handling of the Pinochet affair and its impact on national and international law. The Pinochet Case is a worthy addition to any academic law library collection.' Lyonette Louis-Jacques, University of Chicago writing in International Journal of Legal Information May 2003. 'The authors and publisher are to be congratulated on getting this very useful and well-researched collection of essays out so quickly.' Geoffrey Bindman writing in The Law Society's Gazette September 2002. 'This is a good book, destined to become a standard work on the whole Pinochet affair in the House of Lords.' John P. Grant writing in Journal of the Law Society of Scotland February 2003.
This item was reviewed in:
Choice, January 2001
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Long Description
These essays are concerned with the legal and constitutional issues surrounding the Pinochet case and are aimed at all those, whether lawyers or non-lawyers, with an interest in the House of Lords' decisions and their implications. The Introduction provides a calendar of events and considers the interaction between the courts and Home Secretary in the extradition process. Thereafter, the book is divided into two parts. The first consists of three related essays, which critically assess the suitability of the House of Lords, in the light of Pinochet, as the final court of appeal for constitutional and political cases, its decision on the 'Hoffmann question', and, in this context, its failure to take account of the jurisprudence of the ECHR. Part Two also consists of three essays. These are concerned with the wider, international implications. They consider the concept of justice in relation to Pinochet, the internationalisation of criminal justice and its conflict with the freedom of states to grant national amnesties, and the decision of the House of Lords to refuse Pinochet, as a former head of state, immunity from prosecution. The three House of Lords judgments on Pinochet are included in an Annex to the essays, enabling the reader to make instance reference to the cases.
Main Description
These essays are concerned with the legal and constitutional issues surrounding the Pinochet case and are aimed at all those, whether lawyers or non-lawyers, with an interest in the House of Lords' decision and its implications. The introduction provides a calendar of events and considers the interaction between the courts and the Home Secretary in the extradition process. Thereafter, the book is divided into two parts. The first part critically assesses the suitability of the House of Lords, in the light of Pinochet, as the final court of appeal for constitutional and political cases. Part Two focuses on the wider, international implications. It considers the concept of justice in relation to Pincohet, the internationalization of criminal justice and its conflict with the freedom of states to grant national amnesties, and the decision of the House of Lords to refuse Pinochet, as a former head of state, immunity from prosecution. The three House of Lords judgments on Pinochet are included in an Annex to the essays, enabling the readers to make instance reference to the cases.
Main Description
These essays are concerned with the legal and constitutional issues surrounding the Pinochet case and are aimed at all those,whether lawyers or non-lawyers, with an interest in the House of Lords decisions and their implications. The Introduction provides a calendar of events and considers the interaction between the courts and Home Secretary in the extradition process. Thereafter, the book is divided into two parts. The first consists of three related essays, which critically assess the suitability of the House of Lords, in the light of Pinochet, as the final court of appeal for constitutional and political cases, its decision on the Hoffmann question, and, in this context, its failure to take account of the jurisprudence of the ECHR. Part Two also consists of three essays. These are concerned with the wider, international implications. They consider the concept of justice in relation to Pinochet, the internationalisation of criminal justice and its conflict with the freedom of states to grant national amnesties, and the decision of the House of Lords to refuse Pinochet, as a former head of state, immunity from prosecution. The three House of Lords judgments on Pinochet are included in an Annex to the essays, enabling the reader to make instance reference to the cases.
Table of Contents
Forewordp. i
Contributorsp. ii
Table of Casesp. xii
Table of Legislationp. xvii
Table of Treaties and Conventionsp. xix
Introduction: The Extradition of Pinochet: A Calendar of eventsp. 1
The processing of Pinochet through the extradition procedure; a calendar of eventsp. 2
The implications of the Pinochet episodep. 11
Pinochet, the House of Lords, and the Issue of Bias
The House of Lords as a Political and Constitutional Court: Lessons from The Pinochet Casep. 17
Introductionp. 17
A multiplicity of voicesp. 18
Lord Hoffmann and the problem of biasp. 25
Interveners, amici curiae and clerksp. 31
The need for a full courtp. 36
Pinochet 2: The Questions of Jurisdiction and Biasp. 41
Backgroundp. 41
The legal issuesp. 43
Implications for the development of the lawp. 55
Conclusionp. 60
Pinochet, Bias and the European Convention on Human Rightsp. 63
Introductionp. 63
The arguments regarding the possibility of biasp. 64
The application of the European Convention on Human Rights and Fundamental Freedomsp. 66
The Human Rights Act 1998p. 71
Pinochet, Justice and International Law
Pinochet and Issues of Morality and Justicep. 81
Introductionp. 81
Justice and Punishmentp. 82
Retributivismp. 84
Responsibilityp. 88
Conclusionp. 91
Sovereign Immunity Under International Law: The Case of Pinochetp. 93
Introductionp. 93
Jus gentium: the law of nationsp. 94
State immunityp. 95
General principles of lawp. 96
Judicial decisionsp. 97
Writings of authorsp. 99
Jus cogensp. 100
Comity of nationsp. 101
Erosion of absolute immunity in Britainp. 103
The principal of inviolabilityp. 105
Immunity ratione personae and immunity ratione materiaep. 105
Act of state doctrinep. 107
Acts of head of statep. 109
Like with likep. 109
Conclusionp. 111
Pinochet and the Administration of International Criminal Justicep. 115
Introductionp. 115
The legal basis of proceedings against Senator Pinochet Ugartep. 116
Individual responsibility under the international legal systemp. 119
State practice on the resolution of offences jus cogensp. 123
Amnesties and international lawp. 124
Conclusionp. 127
Bibliographyp. 129
Annex
Pinochet 1p. 135
Pinochet 2p. 181
Pinochet 3p. 201
Indexp. 293
Table of Contents provided by Syndetics. All Rights Reserved.

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