Human rights in national administrative law

 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