2003Xiandai faxueRequires access

Judicial Work is the Optimum Means to Protection for Human Rights

Wang Xia-hao

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Abstract

The reasons why judicial work is the optimum means to protection for human rights are twofold. The conflict and violation of rights entails the protection for human rights. That the conflict and violation of rights take place is a matter of fact, rather than norm. Jurisdiction is merely the power of judgment. Thus judicial work is the optimum means to protection for human rights. On the other hand, it depends upon the feature of judicial work, that is, judicial independence and neutrality, due process of law, and qualified judiciary, which all judges have graduated with a degree in law from the college and experienced legal professional training.

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What this paper is about

The reasons why judicial work is the optimum means to protection for human rights are twofold. The conflict and violation of rights entails the protection for human rights. That the conflict and violation of rights take place is a matter of fact, rather than norm. Jurisdiction is merely the power of judgment. Thus judicial work is the optimum means to protection for human rights. On the other hand, it depends upon the feature of judicial work, that is, judicial independence and neutrality, due process of law, and qualified judiciary, which all judges have graduated with a degree in law from the college and experienced legal professional training.

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Available abstract

The reasons why judicial work is the optimum means to protection for human rights are twofold. The conflict and violation of rights entails the protection for human rights. That the conflict and violation of rights take place is a matter of fact, rather than norm. Jurisdiction is merely the power of judgment. Thus judicial work is the optimum means to protection for human rights. On the other hand, it depends upon the feature of judicial work, that is, judicial independence and neutrality, due process of law, and qualified judiciary, which all judges have graduated with a degree in law from the college and experienced legal professional training.

Key concepts: Law, Judicial independence, Human rights, Political science, Jurisdiction, Work (physics), Neutrality, Norm (philosophy)

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