Table of Contents

Part 1: INTRODUCTION
1. The Pluralism of Human Rights Adjudication
Christopher McCrudden

Part 2: PROPORTIONALITY
2. Constructing the Proportionality Test: An Emerging Global Conversation
Kai Möller
3. Necessity and Proportionality: Towards a Balanced Approach
David Bilchitz
4. Proportionality Without Balancing: Why Judicial Ad hoc Balancing is Unnecessary and Potentially Detrimental to the Realisation of Individual and Collective Self-determination
Jochen von Bernstorff
5. Proportionality in United States Constitutional Law Paul Yowell

Part 3: NATIONAL SECURITY AND HUMAN RIGHTS
6. ‘To the Serious Detriment of the Public’: Secret Evidence and Closed Material Procedures
Ryan Goss
7. National Security Law and the Creep of Secrecy: A Transatlantic Tale
Tom Hickman and AdamTomkins
8. Navigating the Shoals of Secrecy: A Comparative Analysis of the Use of Secret Evidence and ‘Cleared Counsel’ in the United States, the United Kingdom, and Canada
David Cole and Stephen I Vladeck
9. The Secret Keepers: Judges, Security Detentions, and Secret Evidence Shiri Krebs

Part 4: RELIGION AND HUMAN RIGHTS
10. The Intersection of Religious Autonomy and Religious Symbols: Setting the Stage
Christopher McCrudden and Brett G Scharffs
11. Principles and Compromises: Religious Freedom in a Time of Transition
Carolyn Evans
12. State Interference in the Internal Affairs of Religious Institutions
Johan D Van der Vyver
13. The Protection of Religious Freedom in Australia: A Comparative Assessment of Autonomy and Symbols Paul Babie and James Krumrey-Quinn

Part 5: SOCIO-ECONOMIC RIGHTS
14. The Emergence and Enforcement of Socio-Economic Rights
Murray Wesson
15. The Problematic of Social Rights – Uniformity and Diversity in the Development of Social Rights Review
Colm O’Cinneide
16. A South African Perspective on the Judicial Development of Socio-Economic Rights 319
Edwin Cameron
17. Judicial Activism and the Indian Supreme Court: Lessons for Economic and Social Rights Adjudication
Anashri Pillay
18. American Exceptionalism over Social Rights
Jeff King

About the Author

Liora Lazarus is a Fellow in Law and University Lecturer in Law at St Anne's College, University of Oxford. Christopher McCrudden FBA is Professor of Equality and Human Rights Law, Queen's University Belfast; William W Cook Global Professor of Law at University of Michigan Law School; and a member of Blackstone Chambers.
Nigel Bowles is Director of the Rothermere American Institute at the University of Oxford.

Reviews

...this volume constitutes a very interesting, relevant and necessary insight into the legitimacy of courts entrusted with the task of reasoning and balancing rights. All chapters are of a very high academic standard and can be used not only by legal professionals but also by undergraduate and postgraduate students.
…every university library should have this book in their catalogue. It can be recommended to a broad spectrum of law specialists interested in human rights and comparative law, European and international law as well as constitutional and administrative law.
*Public Law*