Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions.
The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory of empowerment and legal capability, coupled with an analysis of how this theory is supported by international and national law. The third and final part contains an analysis of cases from both the Danish Parliamentary Ombudsman and the Danish Equality Board (Ligebehandlingsnævnet), applying a model of analysis developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally. Indholdsoversigt
Preface PART I: STRUCTURE AND METHODOLOGY
Chapter 1. Introduction Chapter 2. National and International Perspectives PART II: THEORY
Chapter 3. Human Rights, Empowerment and Legal Capability Chapter 4. Analysis of Legal Capability in International Human Rights Law Chapter 5. Analysis of Legal Capability in Danish Administrative Law Chapter 6. The Danish Parliamentary Ombudsman and the Equality Board Chapter 7. Model of Analysis PART II: ANALYSIS
Chapter 8. Selection of Relevant Case-Law Chapter 9. Analysis of the Case-law Chapter 10. Analysis of Case-law from the LBN Chapter 11. Conclusion Chapter 12. Further Perspectives Chapter 13. Dansk Resumé Chapter 14. English Abstract Chapter 15. Tables and Figures Chapter 16. Literature and Sources List of Cases Chapter 17. Appendices