Christopher Mccrudden
Dados Biográficos
| ID | 223963 |
|---|---|
| NOME | Christopher Mccrudden |
| PRENOMES | Christopher |
| SOBRENOME | Mccrudden |
| ASSINATURA | MCCRUDDEN C |
| AFILIAÇÕES | Queen's University Belfast |
| ORCID | 0009-0001-2280-0426 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 30 |
| TOTAL DE CITAÇÕES | 191 |
| TOTAL COMO AUTOR | 28 |
| TOTAL COMO EDITOR | 3 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1980 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2021 |
| ÍNDICE H | 4 |
Where Did ‘Human Dignity’ Come from? Drafting the Preamble to the Irish Constitution
This article addresses the correctness of Samuel Moyn’s contention that the inclusion of ‘dignity’ in the Irish Constitution of 1937 reflects a particularistic, sectarian and conservative Catholic viewpoint, rather than (as some other scholars do) seeing the inclusion of ‘dignity’ as the first tentative step towards the instantiation of a universalistic, liberal human rights ethic into the Irish Constitution. For Moyn, ‘dignity’s’ sectarian, poli…
The Gay Cake Case
The Supreme Court got it right in the Ashers (‘Gay cake’) case. It decided correctly the important legal issues central to the case: the scope of indissociability; the scope of ‘associative’ discrimination in sexual orientation goods and services discrimination claims; whose characteristics are relevant for determining whether an action amounts to unlawful discrimination; and the extent of the protection which freedom of expression accords indivi…
Gender-Based Positive Action in Employment in Europe
Comparative International Law and Human Rights
This chapter offers a justification for separating comparative international human rights law from other related scholarly approaches, using the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as an example. Section II attempts to isolate the field of comparative international law from other connected fields. Section III sets out the necessary and sufficient elements that define the field of “comparative interna…
Is the Principal Function of International Human Rights Law to Address the Pathologies of International Law? A Comment on Patrick Macklem’s the Sovereignty of Human Rights
I aim to provide a critique of Patrick Macklem’s thesis in The Sovereignty of Human Rights that the function of human rights in international law should be seen ‘in terms of their capacity to monitor the structure and operation of the international legal order ... requir[ing] the international legal order to attend to pathologies of its own making.’ I suggest an alternative account that seems to me to be more consistent with much of the practice …
Why Northern Ireland’s Institutions Need Stability
Northern Ireland’s consociational institutions were reviewed by a committee of its Assembly in 2012–13. The arguments of both critics and exponents of the arrangements are of general interest to scholars of comparative politics, power-sharing and constitutional design. The authors of this article review the debates and evidence on the d’Hondt rule of executive formation, political designation, the likely impact of changing district magnitudes for…
Law's Ethical, Global and Theoretical Contexts
Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human right…
Affirmative Action
Law's Ethical, Global and Theoretical Contexts
Human rights and traditional values
A series of ‘traditional values’ resolutions, passed by the UN Human Rights Council in 2009, 2011, and 2012, were the result of a highly controversial initiative spearheaded by Russia. Do these ‘traditional values’ underpin human rights? If not, why are religious traditions or, indeed, any traditional values worth preserving at all? Why are they valuable from the point of view of adherents to that tradition? Should the larger society take into ac…
Benedict’s Legacy
A summary is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of Cedaw
Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts
Understanding Human Dignity
The concept of human dignity has become central to political philosophy and legal discourse on human rights, but it remains enigmatic. Understanding Human Dignity is a book of original essays by a multi-disciplinary group of historians, legal academics, judges, political scientists, theologians, and philosophers, which aims to debate a broad range of current approaches to how to understand the concept. Some of the main issues considered include f…
Courts and Consociations, or How Human Rights Courts May De-stabilize Power-sharing Settlements
We consider the use of consociational arrangements to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts, and their compatibility with non-discrimination and equality norms. Key questions include to what extent, if any, consociations conflict with the dictates of global justice and the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justifi…
Does Affirmative Action Work? Evidence from the Operation of Fair Employment Legislation in Northern Ireland
An affirmative action programme, established by the Fair Employment (Northern Ireland) Act 1989, has been an important attempt to ensure 'fair participation' in employment for both Catholics and Protestants in Northern Ireland since 1990. The programme includes detailed monitoring of the community background of employees and requires employers to undertake remedial action where fair participation is not evident. Agreements were concluded between …
Legal and Roman Catholic Conceptions of Human Rights
This article explores the extent to which there is an overlapping consensus between the Roman Catholic and the legal traditions of human rights. In comparing both traditions, an understanding of what these two traditions mean by ‘human rights’ is gleaned from some authoritative texts of these traditions. In the case of the Roman Catholic tradition, emphasis is given to the post-Vatican II encyclicals (without intending to be comprehensive), and i…
Catholicism, Human Rights and the Public Sphere
This article suggests that the scope and meaning of human rights, and its relationship to religion, is anything but settled, and that this gives an opportunity to those who support a role for religion in public life to intervene. Such intervention should address four main issues. First, it should ensure that judges engage in attempting to understand religious issues from a cognitively internal viewpoint. Secondly, it should articulate a justifica…
Procurement and the Public Sector Equality Duty
The use of public sector equality duties that require public authorities to do more than simply not discriminate and that in addition require such authorities in exercising their functions to actively promote equality has increasingly been considered as relevant for procurement. This article examines the Northern Ireland experience regarding the application of a public sector equality duty to procurement and addresses whether, and if so to what e…
Human Dignity and Judicial Interpretation of Human Rights
The Universal Declaration on Human Rights was pivotal in popularizing the use of 'dignity' or 'human dignity' in human rights discourse. This article argues that the use of 'dignity', beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. T…
WTO Government Procurement Rules and the Local Dynamics of Procurement Policies
This article examines efforts to create binding international rules regulating public procurement and considers, in particular, the failure to reach a WTO agreement on transparency in government procurement. The particular focus of the discussion is the approach taken by Malaysia to these international procurement rules and to the negotiation of an agreement on transparency. Rules governing public procurement directly implicate fundamental arrang…
Using public procurement to achieve social outcomes
The use of public procurement to achieve social outcomes is widespread, but detailed information about how it operates is often sketchy and difficult to find. This article is essentially a mapping exercise, describing the history and current use of government contracting as a tool of social regulation, what the author calls the issue of 'linkage'. The article considers the popularity of linkage in the 19 th century in Europe and North America, pa…
The Legal Approach to Equal Opportunities in Europe
The aim of this paper is to provide an overview for non-specialists of the body of law relating to equality of opportunity between women and men under European Community law. The paper considers the history of the development of equality law in EC law, describing the development of Article 119, the development of the three most important directives in the 1970s, the growth of litigation surrounding Article 119 and these Directives, the controvers…
The Constitutionality of Affirmative Action in the United States
Rights of Citizenship
Groups versus individuals
(1991). Groups versus individuals: The ambiguity behind the Race Relations Act. Policy Studies: Vol. 12, No. 1, pp. 26-35
Human Dignity and Judicial Interpretation of Human Rights
The Universal Declaration on Human Rights was pivotal in popularizing the use of 'dignity' or 'human dignity' in human rights discourse. This article argues that the use of 'dignity', beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. T…
Using public procurement to achieve social outcomes
The use of public procurement to achieve social outcomes is widespread, but detailed information about how it operates is often sketchy and difficult to find. This article is essentially a mapping exercise, describing the history and current use of government contracting as a tool of social regulation, what the author calls the issue of 'linkage'. The article considers the popularity of linkage in the 19 th century in Europe and North America, pa…
Why Northern Ireland’s Institutions Need Stability
Northern Ireland’s consociational institutions were reviewed by a committee of its Assembly in 2012–13. The arguments of both critics and exponents of the arrangements are of general interest to scholars of comparative politics, power-sharing and constitutional design. The authors of this article review the debates and evidence on the d’Hondt rule of executive formation, political designation, the likely impact of changing district magnitudes for…
Courts and Consociations, or How Human Rights Courts May De-stabilize Power-sharing Settlements
We consider the use of consociational arrangements to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts, and their compatibility with non-discrimination and equality norms. Key questions include to what extent, if any, consociations conflict with the dictates of global justice and the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justifi…
Does Affirmative Action Work? Evidence from the Operation of Fair Employment Legislation in Northern Ireland
An affirmative action programme, established by the Fair Employment (Northern Ireland) Act 1989, has been an important attempt to ensure 'fair participation' in employment for both Catholics and Protestants in Northern Ireland since 1990. The programme includes detailed monitoring of the community background of employees and requires employers to undertake remedial action where fair participation is not evident. Agreements were concluded between …
Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of Cedaw
Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts
Procurement and the Public Sector Equality Duty
The use of public sector equality duties that require public authorities to do more than simply not discriminate and that in addition require such authorities in exercising their functions to actively promote equality has increasingly been considered as relevant for procurement. This article examines the Northern Ireland experience regarding the application of a public sector equality duty to procurement and addresses whether, and if so to what e…
WTO Government Procurement Rules and the Local Dynamics of Procurement Policies
This article examines efforts to create binding international rules regulating public procurement and considers, in particular, the failure to reach a WTO agreement on transparency in government procurement. The particular focus of the discussion is the approach taken by Malaysia to these international procurement rules and to the negotiation of an agreement on transparency. Rules governing public procurement directly implicate fundamental arrang…
Is the Principal Function of International Human Rights Law to Address the Pathologies of International Law? A Comment on Patrick Macklem’s the Sovereignty of Human Rights
I aim to provide a critique of Patrick Macklem’s thesis in The Sovereignty of Human Rights that the function of human rights in international law should be seen ‘in terms of their capacity to monitor the structure and operation of the international legal order ... requir[ing] the international legal order to attend to pathologies of its own making.’ I suggest an alternative account that seems to me to be more consistent with much of the practice …
The Legal Approach to Equal Opportunities in Europe
The aim of this paper is to provide an overview for non-specialists of the body of law relating to equality of opportunity between women and men under European Community law. The paper considers the history of the development of equality law in EC law, describing the development of Article 119, the development of the three most important directives in the 1970s, the growth of litigation surrounding Article 119 and these Directives, the controvers…
Groups versus individuals
(1991). Groups versus individuals: The ambiguity behind the Race Relations Act. Policy Studies: Vol. 12, No. 1, pp. 26-35
Regulations and Thatcherism
Short reviews
Hasia R. Diner. IN THE ALMOST PROMISED LAND, AMERICAN JEWS AND BLACKS, 1915–1935, Westport, Connecticut and London, England. Greenwood Press, Contributions in American History, Number 59, 1977. 271 pp. n.p. Astri Suhrke and Lela Gamer Noble (eds) ETHNIC CONFLICT IN INTERNATIONAL RELATIONS. (Praeger Special Studies in Politics and Government), Praeger Publishers, New York and London, 1977, 248 pp., n.p. Laurence D. Loeb, OUTCASTE: JEWISH LIFE IN S…
Short reviews
Ray Marshall, Charles B. Knapp, Malcolm H. Ligget, Robert W. Glover, EMPLOYMENT DISCRIMINATION: THE IMPACT OF LEGAL AND ADMINISTRATIVE REMEDIES Praeger, New York, 1978, pp. 176, £15.50. Dan S. Green and Edwin D. Driver (eds), W. E. B. DUBOIS ON SOCIOLOGY AND THE BLACK COMMUNITY. Chicago and London, University of Chicago Press, 1978, viii + 320 pp., $21.00. Anthony D. Smith, NATIONALISM IN THE TWENTIETH CENTURY. Martin Robertson, 1979. 232pp., £3.…
Short reviews
Hasia R. Diner. IN THE ALMOST PROMISED LAND, AMERICAN JEWS AND BLACKS, 1915–1935, Westport, Connecticut and London, England. Greenwood Press, Contributions in American History, Number 59, 1977. 271 pp. n.p. Astri Suhrke and Lela Gamer Noble (eds) ETHNIC CONFLICT IN INTERNATIONAL RELATIONS. (Praeger Special Studies in Politics and Government), Praeger Publishers, New York and London, 1977, 248 pp., n.p. Laurence D. Loeb, OUTCASTE: JEWISH LIFE IN S…
Short reviews
David Nicholls, FROM DESSALINES TO DUVALIER: RACE, COLOUR AND NATIONAL INDEPENDENCE IN HAITI, Cambridge University Press, 1979, 357 pp., £17.50. William B. Cohen, THE FRENCH ENCOUNTER WITH AFRICANS: WHITE RESPONSES TO BLACKS 1530–1880, Bloomington and London, Indiana University Press, 1980, xix + 360 pp., $22.50. Laurence Lustgarten, LEGAL CONTROL OF RACIAL DISCRIMINATION, London, Macmillan, 1980, 263 pp. £12.00 (p.b.), £20.00 (h.b.). Rocky L. Ro…
Law Enforcement by Regulatory Agency
Codes in a Cold Climate
Regulations and Thatcherism
Groups versus individuals
(1991). Groups versus individuals: The ambiguity behind the Race Relations Act. Policy Studies: Vol. 12, No. 1, pp. 26-35
Rights of Citizenship
The Constitutionality of Affirmative Action in the United States
The Legal Approach to Equal Opportunities in Europe
The aim of this paper is to provide an overview for non-specialists of the body of law relating to equality of opportunity between women and men under European Community law. The paper considers the history of the development of equality law in EC law, describing the development of Article 119, the development of the three most important directives in the 1970s, the growth of litigation surrounding Article 119 and these Directives, the controvers…
Using public procurement to achieve social outcomes
The use of public procurement to achieve social outcomes is widespread, but detailed information about how it operates is often sketchy and difficult to find. This article is essentially a mapping exercise, describing the history and current use of government contracting as a tool of social regulation, what the author calls the issue of 'linkage'. The article considers the popularity of linkage in the 19 th century in Europe and North America, pa…
WTO Government Procurement Rules and the Local Dynamics of Procurement Policies
This article examines efforts to create binding international rules regulating public procurement and considers, in particular, the failure to reach a WTO agreement on transparency in government procurement. The particular focus of the discussion is the approach taken by Malaysia to these international procurement rules and to the negotiation of an agreement on transparency. Rules governing public procurement directly implicate fundamental arrang…
Human Dignity and Judicial Interpretation of Human Rights
The Universal Declaration on Human Rights was pivotal in popularizing the use of 'dignity' or 'human dignity' in human rights discourse. This article argues that the use of 'dignity', beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. T…
Catholicism, Human Rights and the Public Sphere
This article suggests that the scope and meaning of human rights, and its relationship to religion, is anything but settled, and that this gives an opportunity to those who support a role for religion in public life to intervene. Such intervention should address four main issues. First, it should ensure that judges engage in attempting to understand religious issues from a cognitively internal viewpoint. Secondly, it should articulate a justifica…
Procurement and the Public Sector Equality Duty
The use of public sector equality duties that require public authorities to do more than simply not discriminate and that in addition require such authorities in exercising their functions to actively promote equality has increasingly been considered as relevant for procurement. This article examines the Northern Ireland experience regarding the application of a public sector equality duty to procurement and addresses whether, and if so to what e…
Legal and Roman Catholic Conceptions of Human Rights
This article explores the extent to which there is an overlapping consensus between the Roman Catholic and the legal traditions of human rights. In comparing both traditions, an understanding of what these two traditions mean by ‘human rights’ is gleaned from some authoritative texts of these traditions. In the case of the Roman Catholic tradition, emphasis is given to the post-Vatican II encyclicals (without intending to be comprehensive), and i…
Understanding Human Dignity
The concept of human dignity has become central to political philosophy and legal discourse on human rights, but it remains enigmatic. Understanding Human Dignity is a book of original essays by a multi-disciplinary group of historians, legal academics, judges, political scientists, theologians, and philosophers, which aims to debate a broad range of current approaches to how to understand the concept. Some of the main issues considered include f…
Courts and Consociations, or How Human Rights Courts May De-stabilize Power-sharing Settlements
We consider the use of consociational arrangements to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts, and their compatibility with non-discrimination and equality norms. Key questions include to what extent, if any, consociations conflict with the dictates of global justice and the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justifi…
Does Affirmative Action Work? Evidence from the Operation of Fair Employment Legislation in Northern Ireland
An affirmative action programme, established by the Fair Employment (Northern Ireland) Act 1989, has been an important attempt to ensure 'fair participation' in employment for both Catholics and Protestants in Northern Ireland since 1990. The programme includes detailed monitoring of the community background of employees and requires employers to undertake remedial action where fair participation is not evident. Agreements were concluded between …
Law's Ethical, Global and Theoretical Contexts
Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human right…
Affirmative Action
Law's Ethical, Global and Theoretical Contexts
Human rights and traditional values
A series of ‘traditional values’ resolutions, passed by the UN Human Rights Council in 2009, 2011, and 2012, were the result of a highly controversial initiative spearheaded by Russia. Do these ‘traditional values’ underpin human rights? If not, why are religious traditions or, indeed, any traditional values worth preserving at all? Why are they valuable from the point of view of adherents to that tradition? Should the larger society take into ac…
Benedict’s Legacy
A summary is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of Cedaw
Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts
Political science (26 obras) · Law (22 obras) · Sociology (22 obras) · Law (12 obras) · Politics (11 obras) · Human rights (10 obras) · Philosophy (8 obras) · Law and economics (7 obras) · International Law and Human Rights (6 obras) · Dignity (5 obras)